A Road Map for Challenging Voter Restriction Laws after Crawford

Clearinghouse Review Journal of Poverty Law & Policy, Vol. 43, p. 49, May-June 2009

10 Pages Posted: 17 Aug 2011

See all articles by Steven D. Schwinn

Steven D. Schwinn

John Marshall Law School (Chicago)

Date Written: August 16, 2011

Abstract

The Supreme Court in Crawford v. Marion County Election Board rejected a facial challenge under the Equal Protection Clause to Indiana’s voter-ID law. But despite upholding the law, the Crawford opinions together set out a clear roadmap for challenging any “evenhanded restrictions” on the right to vote. This short piece examines that roadmap.

I start by giving a bit of background on the Indiana law and describing the law’s operation. Next I mine two key opinions in Crawford for clues to a successful challenge of voter-ID laws. Finally, I argue that Crawford gives us three imperatives for successful challenges, and I offer some thoughts on each.

Keywords: Vote, Voter ID, Crawford, Equal Protection, Supreme Court

Suggested Citation

Schwinn, Steven D., A Road Map for Challenging Voter Restriction Laws after Crawford (August 16, 2011). Clearinghouse Review Journal of Poverty Law & Policy, Vol. 43, p. 49, May-June 2009, Available at SSRN: https://ssrn.com/abstract=1910901

Steven D. Schwinn (Contact Author)

John Marshall Law School (Chicago) ( email )

315 South Plymouth Court
Chicago, IL 60604
United States
312.386.2865 (Phone)

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