Thursday, September 13, 2012

PA Voter Suppression Update

Today the Pennsylvania supreme court takes up the appeal on the decision that upheld the PA voter suppression ID law.  In my earlier post, I wondered if the court can review the total situation or just what is in the appeal.  I still don't know the answer to that, but one thing I learned (via Meteor Blades at Kos) is in the appeal is reference to the 1869 Patterson decision I wrote about in that earlier post.  He quotes from the brief:

 " Patterson is an anachronism, predating the modern framework of differing levels of scrutiny by more than half a century and based on outright prejudice. Patterson is no guide to a current construction of the constitutional rights of Pennsylvanians."

The rest of the brief hits the main issues and responds specifically to elements of the previous decision.  I still wonder if the supreme court can take into consideration how the system is actually working right now, which is to take care of a noisy celebrity's father and make it as hard as possible for non-celebrities to recover their right to vote.

The other piece of information is this oped by a PA Rep which observes that the chief justice, a Republican, has been known to stray from party positions, and in a recent controversial case about redistricting, referred to  "the constitutional commands and restrictions on the process exist precisely as a brake on the most overt of potential excesses and abuse.”  Rep. Waters suggests this directly applies to the voter suppression ID case.

One of these days there's going to be a court that really stands up for this basic right to vote in a big way, with a lopsided decision.  This could be that court.  As the Economist magazine observes, " we ought to recognize it for what it is: deliberate voter suppression, and a betrayal of democracy."

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