Facial ID’s, Facial Challenges and In Your Face Politics

In Crawford v. Marion County Election Board , the Supreme Court continues a trend of using technical doctrines of facial challenges to swat away constitutional litigation and drive questions back to the political process. Whether you think that is a good or a bad thing depends on your view of whether the Indiana legislature was essentially limiting access to the ballot to certain classes of voters in order to help the Republican Party stay in power. If you think that the political process will take care of enfranchising these voters, you need not worry too much about the result. If, on the other hand, you think that the political process is being used to build in advantages for one party over another, there is greater reason to be concerned.

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