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The Significance Of The Shift Toward As-Applied Challenges In Election Law, Joshua A. Douglas
The Significance Of The Shift Toward As-Applied Challenges In Election Law, Joshua A. Douglas
Joshua A. Douglas
Last Term, the Supreme Court decided two election law cases that had significant implications for the ability of political actors to bring challenges to a state’s election regime. In Washington State Grange v. Washington State Republican Party and Crawford v. Marion County Election Board (the voter ID case), the Court rejected facial challenges to the laws and boldly stated that political actors may only challenge election laws as applied. In essence, this means that voters and others no longer can achieve pre-election, prospective relief, instead having to endure at least one election cycle under a law that might be invalid …
Is The Right To Vote Really Fundamental?, Joshua A. Douglas
Is The Right To Vote Really Fundamental?, Joshua A. Douglas
Joshua A. Douglas
Before the end of this term, the Supreme Court will decide in Crawford v. Marion County Election Board whether Indiana may require voters to show identification before casting a ballot. The Court will choose a standard of review and will analyze the consolidated cases accordingly. What may surprise you about this case is that no one really knows whether the Court will apply strict scrutiny or some lower standard of review to this voting rights challenge. This is because the Court’s history of election law jurisprudence has been fractured: for some cases the Court has deemed the right to vote …