Judge Posner’s Regret
October 17, 2013
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.
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