When the United States Court of Appeals for the 7th Circuit in Chicago issued a critical 2007 ruling defending the constitutionality of Voter ID laws, Judge Richard Posner authored the decision.
The arguments Judge Posner made for upholding Indiana’s Voter ID law framed out some of the essential underpinnings for the 2008 determination of the US Supreme Court — in the case of Crawford v. Marion County Election Board — that has since served as a justification for the enactment of ever harsher laws in states across the country.
… So it should count for something that Judge Posner now says that he was mistaken in his 2007 decision.
Indeed, the judge’s rethink ought to inspire a national rethink — about not just Voter ID laws but the broader issue of voter rights.
I’m afraid this is in the crying-over-spilled-milk category. Though perhaps the U.S. Supreme Court will take judicial notice of Posner’s change of heart, as the originalists are sometimes prone to do when it suits their purposes.
In a new book, Posner writes that it’s now generally accepted that the rash of Voter ID laws — in Arkansas and many other states— are Republican vote suppression tools.