Late Friday afternoon, a panel of Democrat-appointed judges on the Sixth Circuit upheld a preliminary injunction from a Democrat-appointed district court judge striking down Ohio’s cuts to early voting. Two hours earlier, however, a trio of Republican-appointed judges on the Seventh Circuit overturned an injunction from a Democratic judge blocking Wisconsin’s voter ID law.
This is why elections matter. And the courts are increasingly becoming the arbiters of who does and does not get to participate in them.
In May, Wisconsin district court Judge Lynn Adelman issued a strong decision invalidating the state’s voter ID law. Three hundred thousand registered voters in Wisconsin did not have a government-issued ID, Adelman found, and those without ID were disproportionately black and Hispanic. Wisconsin presented no evidence of voter fraud to justify the burdens of the new law.
The court axed Adelman’s ruling just hours after hearing the appeal, in a swift and stunning decision that allows Wisconsin to immediately implement its controversial law less than two months before the midterms.
The court’s one-page opinion said:
The district court held the state law invalid, and enjoined its implementation, even though it is materially identical to Indiana’s photo ID statute, which the Supreme Court held valid in Crawford v. Marion County Election Board. It did this based on findings that it thought showed that Wisconsin did not need this law to promote an important governmental interest, and that persons of lower income (disproportionately minorities) are less likely to have driver’s licenses, other acceptable photo ID, or the birth certificates needed to obtain them, which led the court to hold that the statute violates Section 2 of the Voting Rights Act
After the district court’s decision, the Supreme Court of Wisconsin revised the procedures to make it easier for persons who have difficulty affording any fees to obtain the birth certificates or other documentation needed under the law, or to have the need for documentation waived. This reduces the likelihood of irreparable injury, and it also changes the balance of equities and thus the propriety of federal injunctive relief. The panel has concluded that the state’s probability of success on the merits of this appeal is sufficiently great that the state should be allowed to implement its law, pending further order of this court.
The appeals court ruling is suspect on a number of fronts.
1. The Crawford case was not filed under the Voting Rights Act and did not center on racial discrimination in voting.