Barely had the Court issued its opinion in the Shelby County, Alabama v. Holder, invalidating Section 4 of the Voting Rights Act and for all practical purposes Section 5, when the State of Texas promptly announced a new photo ID requirement. And the Court’s reasoning in this and other cases in recent years, including the freshly minted Arizona v. Inter Tribal Council of Arizona, 570 U.S. ____(2013), leaves little doubt that it is emboldening states to proceed on the path of the last few years, imposing ID and other limitations on access to the polls.
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The Court and the States in the Age of ID
June 18, 2013
So this is the question being debated about the Court opinion in the Arizona voting law pre-emption case: is it a major victory for the federal government, or just a win in this case, with the longer term effects to lie more on the side of the states’ authority to shape voting rights in federal elections? Forecasts range from sunny (The New York Times) to cloudy (Hasen) to stormy (Lederman).