There is little left to be said about Judge Posner's second thoughts, and his further thoughts about those second thoughts, about his voter ID opinion in Crawford v. Marion County Election Board. No one seems satisfied with his various statements—neither critics or supporters of the "ID" movement, and certainly not the lawyers whom he seemed to fault for failing to fully inform the Court about the consequences of ID statutes like Indiana's. But the frustration directed at him should be tempered, just a little, by this fact: in suggesting that much legal argument before and by the courts is ill-informed about the political process—and thus about the consequences of regulation or deregulation—the Judge has a fair point. And it is a point that applies to legal decision-makers of all kinds—legislators and regulators, as well as judges.

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.