Commentary Magazine


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.