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BumRushDaShow

(129,096 posts)
Tue Apr 29, 2014, 05:51 PM Apr 2014

Judge upholds ruling against Pa. voter ID law

Source: 69 News & Associated Press

HARRISBURG, Pa. - A state judge has reaffirmed his ruling that Pennsylvania's embattled voter-identification law is unconstitutional. Commonwealth Court Judge Bernard McGinley on Monday rejected the state's motion to reinstate the law, starting a 30-day period for a potential appeal to the Pennsylvania Supreme Court.

Commonwealth Court Judge Bernard McGinley on Monday rejected the state's motion to reinstate the law, starting a 30-day period for a potential appeal to the Pennsylvania Supreme Court.

The governor's Office of General Counsel and the attorney general's office say they're reviewing McGinley's decision.

Witold Walczak of the American Civil Liberties Union of Pennsylvania says the permanent injunction McGinley issued bars enforcement of the law unless the state's high court does something to change that. The ACLU helped lead the legal challenge. The law is one of the country's strictest and required nearly all of Pennsylvania's 8.2 million voters to display photo identification.



Read more: http://www.wfmz.com/news/judge-upholds-ruling-against-pa-voter-id-law/25711272



Heard this on the radio on the way home this afternoon. Wisconsin's Voter ID law thrown out plus this is some good news!
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malthaussen

(17,204 posts)
2. And another one bites the dust.
Tue Apr 29, 2014, 06:05 PM
Apr 2014

The GOP will keep passing these laws. The courts will keep overturning them. It's a ridiculous game they're playing, but obviously they hope to profit during the process.

This is a "reaffirmation," he already ruled against. I wonder how many times they're allowed to ask him to "reconsider?"

-- Mal

geretogo

(1,281 posts)
3. I'm sure the Oligarchs in the GOP will behind closed doors try to make these judges a deal they
Tue Apr 29, 2014, 06:22 PM
Apr 2014

can't refuse --- it worked on the Supreme court .

Aldo Leopold

(685 posts)
4. Good news. My son will be voting for the first time
Tue Apr 29, 2014, 07:01 PM
Apr 2014

in the Commonwealth next month. I'm excited for him! And this helps make it feel "cleaner"!

Gothmog

(145,321 posts)
5. This still more good news
Tue Apr 29, 2014, 07:05 PM
Apr 2014

It is difficult to get a judge to reverse their ruling and I was surprised that Corbet tried this stunt

Cosmocat

(14,566 posts)
8. They should be absolutely punished at the polls for this
Tue Apr 29, 2014, 07:38 PM
Apr 2014

I work a poll in non-urban area, quite republican, and we have lost people because of this thing. People who just gave up, and to be honest, most of them probably republicans.

I had a go around with my State Rep on this, and his/their focus is SOLEY on Philadelphia.

That is how deranged and power hungry they are.

This state has approximately an 800,000 registered democrat edge over registered republicans.

But, they have the governorship, one of two senators, 12 of 18, yes TWELVE of EIGHTEEN congressional seats, a near permanent majority in the state senate and a good working majority in the state house most often.

AND THAT IS NOT GOOD ENOUGH FOR THEM.

And, they are so callous, they don't care one bit that some republicans in outer lying areas get pinched out if they can somehow put the strangle hold on the urban areas.

But, you know what ... No one really cares. I have made as much noise and fought it as much as I can here, and noted that its REPUBLICANS we are losing and the people here don't care one bit cause they are mostly just straight party Rs.

lupulin

(58 posts)
13. This is one issue for which I don't understand the democrat opposition.
Tue Apr 29, 2014, 10:50 PM
Apr 2014

Our vote is important.

I once had a girlfriend of many years. She had an ID from her nation which was strictly to be used for voting (not as a national ID, not as a 'social security' card, not for any other purpose). Her country, Mexico, was wealthy enough to get IDs into the hands of all eligible voters. It had her picture and thumb print on it as well as other information.

Why are we not capable of doing the same? If we cannot do this how can we give all of our citizens access to other things such as social programs?

BumRushDaShow

(129,096 posts)
15. The U.S. is not Mexico nor is it the rest of the world
Wed Apr 30, 2014, 05:58 AM
Apr 2014

although the composition of its citizens IS made up of the rest of the world. The issue being argued against a "national ID" is the potential for abuse by governmental authority, counterfeiting, and other tampering that negate its purpose or effectiveness. To address such, "other" countries might impose penalties that in the U.S. would violate the U.S. Constitution.

Of course that is what is being argued regarding bulk NSA data collection and requiring a national ID would amount to bulk fingerprint collection which brings the 4th Amendment to the fore -

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Requiring a photograph (for some) would amount to prohibiting the free exercise of a religion as there is a need for consideration of those who are members of religions that forbid photographs. Other countries wouldn't give a damn about that. This brings up the issue of the 1st Amendment -

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Since the 1930s, Americans have been able to receive Social Security benefits (and since the 1960s, Medicare service) without any need for a photographic ID. In fact, here in PA, drivers did just fine without a photographic ID until ~1980s when the photo drivers license was implemented (with the option for no photo for those opting out for religious purposes).

Fingerprints can be altered as can photos, so such a "national card" would not guarantee identity. As an example, even RF-chipped passports have been used fraudulently by parties in possession of lost/stolen/manufactured passports.

The initial court arguments here in PA were to address the effort and cost required to obtain a "Voter ID" (birth certificate, etc) to be used solely for voting (for those who did not have any other type of ID). That cost amounted to a violation of the 24th Amendment -

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.


Literally - while on the stand the summer before the 2012 election and testifying for the state (PA), the state's electoral authorities rescinded the cost provisions for obtaining the PA Voter ID and since then, the entire thing was put under injunction pending the Constitutionality case (that case being the subject of this Breaking News).

For voting purposes, ALL states need to either make polling places local enough that neighborhood/town poll workers are familiar with the voter -OR BETTER- just allow for mail-in voting and call it.

The one thing that I have harped on since this whole Voter ID thing came about is that if one looks at the U.S. Constitution, one will find that of all the topics addressed as Amendments, "Voting" has FOUR Amendments dedicated towards restoring and enforcing the practice as a "right" for those disenfranchised. No other topic has as many changes made to the Constitution to deal with the problems associated with it.

mvd

(65,174 posts)
14. K&R
Tue Apr 29, 2014, 11:55 PM
Apr 2014

Voter suppression tool is all it is. Voter fraud is a non issue. Glad the Repukes here are losing this battle.

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