Posner distills the essence of these noxious statutes as motivated solely by the intent by the Republican Party to suppress Americans' right to vote. As Hiltzik summarizes the opinion:
"There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud," [Posner] writes, "and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens." More specifically, he observes, photo ID laws are "highly correlated with a state's having a Republican governor and Republican control of the legislature and appear to be aimed at limiting voting by minorities, particularly blacks."
"There is compelling evidence that voter-impersonation fraud is essentially nonexistent in Wisconsin." Assertions about voter fraud are "a mere fig leaf for efforts to disenfranchise voters." He adds that "some of the 'evidence' of voter-impersonation fraud is downright goofy, if not paranoid, such as the nonexistent buses that according to the 'True the Vote' movement [a voter suppression organization originating in the tea party movement] transport foreigners and reservation Indians to polling places."
Indeed, Posner writes, lists of the states that impose the strictest requirements "imply that a number of conservative states try to make it difficult for people who are outside the mainstream, whether because of poverty or race or problems with the English language...to vote."
A strong antipathy runs through Posner's opinion here, one that should be taken seriously. Posner appears to appreciate the deeply un-American purpose of these laws and he spares no effort to take their essential fiendishness to task, even as he lays their invention at the feet of his own Republican Party. This is damning stuff, the likes of which has never been fully articulated in Judicial opinion. The fact that Posner is the one articulating it will have a profound effect on the "debate" about these laws from this point forward.
Judge Posner's dissenting opinion in the Frank v Scott Walker case is here.
No comments:
Post a Comment