So far the commentary on Judge Richard Posner’s expression of regret over his opinion in Crawford v. Marion County Election Board has featured the reaction of those who object to voter photo ID requirements and now feel vindicated. This is understandable, but if Posner just got it wrong, there is only so much left to say, and he might expect credit for his candor. But Judge Posner’s explanation of Crawford is unsatisfying, and it does not really get at the problem with the approach he took in that case.

The Democratic Disconnect: this is title of a report produced for the Transatlantic Academy by scholars who describe a critical breach in the relationship of citizen to government. Seyla Benhabib et al, The Democratic Disconnect (May 2013), http://www.gmfus.org/archives/the-democratic-disconnect-citizenship-and-accountability-in-the-transatlantic-community. They argue that around the world, the US included, "democracy is in trouble" as governments fail to answer to their citizens who respond with a deepening lack of trust and withdrawal from traditional channels of political engagement. Id. at 3. The urgent need is for "fairer and fuller citizen participation," a revival of civic engagement from the "bottom-up." Id. at 5, 118.