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Old 06-17-2013, 09:24 AM  
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SCOTUS rejects Arizona's proof of citizenship for voter registration

7-2 decision written by Scalia. Alito and Thomas dissents.

I haven't read the opinion and I'm sure the activists will hail this as some kind of "victory against Arizona's racism", but apparently Arizona lost on a technicality and they could eventually come back to court.

In prior decisions, the courts already ruled that the feds (through congress) decide when, where, and how federal elections are held and what voter registration forms need to look like. Today the court told Arizona that they cant just ignore federal law and use whatever voter registration form they want, they have to use the federal form, but what they can do is follow the proper procedure of asking the board in charge of designing the form to revise it allowing states to ask for proof of citizenship, and if that request is denied, then they could come back to court.

So, nothing was really decided, they punted it.

In other legal news, we had a supreme court decision with a very weird lineup: Thomas had a majority opinion on a procedural criminal law issue joined by the four liberals, while Kennedy and the other 3 conservatives dissented.
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Old 06-24-2013, 04:37 PM   #46
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Quote:
Originally Posted by Loneiguana View Post
They punted. Kicked it back to the lower courts. Said they must rule with intense scrutiny or some phrase like that.
strict scrutiny. Just about everything dealing with wanting to legally discriminate by race has to pass strict scrutiny. (discrimination by gender requires heightened scrutiny, as another example)

This opinion took forever for them to write, this case was argued in October. Most of the experts are thinking that the majority opinion must have been re-written at some point because it ended up being fairly brief and there weren't a bunch of harsh complex dissents, so it should not have taken this long.

The conservatives may have tried for a 5-3 decision to kill affirmative action and lost one of their votes. A 4-4 tie would have been bad, so they settled for this.
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