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Friday, August 3, 2012

Politics: Voter ID Is No Big Deal?Really

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Politics
Voter ID Is No Big Deal—Really
That's what the Commonwealth of Pennsylvania wants you to believe.
By David Weigel
Posted Thursday, Aug 02, 2012, at 10:32 PM ET

HARRISBURG, Pa.—Vic Walczak stood with his arms outstretched—left arm pointed at the floor, right arm pointed at the ceiling. The lead attorney on the voter ID case for Pennsylvania's ACLU chapter was trying to demonstrate the gap between his numbers of potentially screwed-over voters and the state's evidence of potential fraud.

"The scale's a little bit like this," said Walczak, in a central New Jersey accent that grew thicker as he spoke. "I don't think my arms can stretch far enough."

The commonwealth's attorneys, who'd sat through seven days of these arguments, didn't react to the theatrics. They watched Walczak speak for nearly two hours, playing two video clips, appealing to the spirit of 1776, and laying out specifically why Pennsylvania couldn't implement voter ID right away. Pathos was their enemy.

Their 800-pound ally: Crawford v. Marion County Election Board, the 2008 Supreme Court decision that saved Indiana's voter ID law. Senior Deputy Attorney General Patrick Cawley closed the state's argument by quoting that 6-3 decision, written by John Paul Stevens. "The petitioners may make an emotional appeal that may play well to the cameras and to those untrained in the law," said Cawley. "Pennsylvania law, however, does not support their request for primary injunction."

Put yourself in Cawley's position. The petitioners who want to block the state's new voter ID law produced 14 witnesses. All of them will have some degree of trouble voting if ...

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