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Texas Voter ID Case Determined by Past, Not Present Discrimination

The Obama administration won a victory today in their campaign to strike down voter ID laws. Only days after the United States District Court for the District of Columbia invalidated Texas’s new congressional and legislative districts, the same court struck down the state’s voter ID law. The court accepted the Justice Department’s arguments that the bill placed an undue burden on poor and minority voters. Texas has said it will appeal to the U.S. Supreme Court and its attorney general says he can prevail there because the court has previously ruled that voter ID laws are constitutional. State courts have upheld a voter ID law in Pennsylvania but Texas’ problem is that because of its past history of racial discrimination, it must get federal approval for anything relating to voting rights. But those looking for the Supremes to reinforce their previous decision on voter ID may be disappointed. The issue at stake in the Texas case will be the constitutionality of the federal Voting Rights Act that gives Washington the power to oversee the state’s laws rather than voter ID itself.

In states not affected by the Voting Rights Act, courts can weigh efforts to prevent fraud on their own merits. The overwhelming majority of Americans back voter ID laws because they are inherently reasonable. If you need a picture ID to board an airplane, an Amtrak train, conduct even the most simple transaction with the government or a bank as well as buy a beer, most people rightly think that you should have to do as much to vote. Given that, contrary to fallacious Democratic talking points, voter fraud has always been a concern in American politics; the courts have upheld such laws as both prudent and obviously constitutional.

But under the Voting Rights Act, anything that even inadvertently affects minority voters, even if the purpose is constitutional and the impact incidental can be construed as a violation of the law. Thus, attorneys for Texas were given the impossible task of being forced to defend their state against a hypothetical assertion that could not be definitively disproved. Only a Supreme Court decision striking down the entire Voting Rights Act can prevent the Obama administration from stopping voter ID in Texas.

Proponents of voter ID can rightly assert that any comparison such as that made by Attorney General Holder that these bills are “Jim Crow laws” is an outrageous distortion of the truth. Minority voters are just as capable of getting themselves a free state ID card, as are whites. Anyone capable of registering to vote can do so. Unless opponents of these laws are prepared to argue that officials have no right to ask a prospective voter to prove his identity or even his citizenship, the charge of discrimination doesn’t hold water.

But the bottom line in the Texas case is that since it is unlikely that the Supreme Court will strike down the entire Voting Rights Act, the administration will be able to stop voter ID in the Lone Star State. Though Holder claimed the state was discriminating against minorities the case was determined by past injustices, not proof of present day bias. A true test of the constitutionality of such laws will have to wait for other challenges to make their way to the high court.

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2 Responses to “Texas Voter ID Case Determined by Past, Not Present Discrimination”

  1. ahadhaamoratsim says:

    Amtrak plane? Good to know that I am not the only one whose proofridding coud stand some improvemenk.

  2. lbjack says:

    Jonathan, in the hermetically sealed precincts of this court case, perhaps judges steeled themselves from the racial redistricting case adjudicated a few days prior; but words like "in the past" and "hypothetical" cannot be applied to Texas. Anyone reading the redistricting decision can see that court's almost palpable astonishment at the blatancy of the racial discrimination in Texas' redistricting. How, then, can one choose to be oblivious to the probability that the same racial discrimination obtains for Texas' voter IDs? As the redistricting case makes clear, racial discrimination in Texas does not exist in the past but exists today. n nAnother point: Voter ID cards are OK per se. However, if the IDs are to be obtained and shown by some, then they must be obtained and shown by all. Has it been established that this is the case in states with voter ID requirements? Do suburban whites get carded like inner-city ethnics? n nAnother point: Do you remember the hassle of establishing your citizenship — producing a certified birth or naturalization certificate — to get your first passport? If that's what the federal government requires, then can't a state require the same? Is this the kind of onus you would put on voters, especially in a state which uses such an onus to discourage some of them from voting? n nIt's deplorable that the Democrats have become the party which panders to the grievances — real, imagined or contrived — of every minority group that seeks to further its interests by calling them "rights". However, the right to vote should be beyond politics. To seek to defeat or discourage qualified voters in any way, including legal impediments, approaches treason.

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