Today, August 15, Pennsylvania Commonwealth Court Judge Robert Simpson upheld a controversial “Voter I.D." law passed by the Republican-dominated state legislature and signed by the Republican governor earlier this year. The law has been challenged by a variety of groups who contend that this law is designed specifically to hamper voters and suppress votes among President Barack Obama's supporters. Specifically, they argue that those most affected by this law are the elderly, disabled, low-income and poor, young adults, and most especially, blacks, browns and other so-called “minority” voters.
Without addressing the merits of the case, the judge refused to issue an injunction which would have at least suspended the law until after the November 6 elections. The law requires every voter to present a “valid” photo ID. An immediate appeal to the Pennsylvania Supreme Court has been promised by the law’s opponents.
"We're not done. It’s not over," said Witold J. Walczak, an American Civil Liberties Union lawyer for the plaintiffs. "It's why they make appeals courts."
The Republican-conceived law was passed over the objections of every single Democrat in the Pennsylvania legislature. As a putative “swing state,” Pennsylvania is poised to play a pivotal role in the upcoming election. President Obama won Pennsylvania in 2008 by racking up impressive majorities in the state’s cities where his “base” of voters is located.
The lead plaintiff in the suit is a 93-year-old black woman, Viviette Applewhite, who marched with Dr. Martin Luther King Jr. in 1960 in support of the expansion of voting rights to black Americans. She had asked the judge directly to enjoin the law and at least delay its implementation until after November. She questioned not just its affects in Pennsylvania, but its obvious shredding of the Voting Rights Act of 1965 and the Constitution itself.
Republicans claim that the law is merely meant to protect the integrity of the election. They cite “voter fraud” as a major concern and problem within the state, yet produce no evidence for same. Indeed, in June the Republican Pennsylvania House leader openly, publicly declared to a Republican gathering that the real purpose and intent of this law "is… to allow Gov. Romney to win the state."
Judge Simpson, a Republican himself, said in his 70-page opinion, that the plaintiffs "did an excellent job of `putting a face' to those burdened by the voter ID requirement." (Notice that he conceded that the law was unduly -- and unnecessarily -- burdensome). Yet, he continued, that face (including Ms. Applewhite's) did not evoke any sentiments of empathy in him. Instead, he said he understood the state officials’ and agencies’ attempts to detect, arrest, and resolve problems with the law. He was convinced that those officials and agencies were pure of heart and would execute the law in a "nonpartisan, even-handed manner."
The good judge went even further, though. The law is neutral, nondiscriminatory and applies uniformly to all voters, he wrote. Speculation about the potential problems in issuing valid photo IDs or confusion on Election Day was just that – speculation. And speculation does not warrant "invalidation of all lawful applications" of the law. Finally, more harm than good would occur should he enjoin the law. Why?
"This is because the process of implementation in general, and of public outreach and education in particular, is much harder to start, or restart, than it is to stop," Simpson wrote.
The appeal will be heard by six Supreme Court Justices, three Republicans and three Democrats. Four Justices are needed to overturn Judge Simpson. (Republican Justice Joan Oriel Melvin has been suspended from the court due to alleged corruption).
Finally, the federal Department of Justice is reviewing the law with an eye to its compliance with the very same Voting Rights Act of 1965.
Read the full decision here.
RESOURCES:
http://www.csmonitor.com/USA/2012/0815/W hy-judge-refused-to-block-Pennsylvania-v oter-ID-law
http://in.reuters.com/article/2012/08/15 /us-usa-voterid-pennsylvania-idINBRE87E0 LT20120815
http://news.yahoo.com/pennsylvania-judge -denies-challenge-states-voter-id-law-14 1100233.html
