Friday, October 17, 2008

The ACORN Decision

Bill Dyer offers the following:

Today's SCOTUS ruling on the Ohio voting case is almost impenetrable. But I'm convinced it's an important case on an important subject, even though I think its moral is deeply concealed. It's not a statement that there's no voter fraud going on in Ohio, nor even a statement that clears the Democratic Secretary of State in Ohio, Jennifer Brunner, of complicity in that fraud. Rather, my guest-post on the decision at HughHewitt.com argues that it's a implied call for further Congressional reform of the Help America Vote Act from 2002, which fails to specify when, how, and on whose behalf the federal courts may and may not intervene to prevent dilution of voting power or abuses connected with the attempted exercise of voting rights.

In three sentences: (1) Today's ruling turned on important but esoteric legal principles that don't have much to do with voting rights in general or the situation on the ground in Ohio in particular, and it ought not be interpreted as the Supreme Court either rejecting or accepting the proposition that there's wide-spread and systematic voting fraud being undertaken there or anywhere else. (2) It does, however, emphasize that the Supreme Court thinks this is an important topic. And most importantly, (3) Congress desperately needs to further reform the voter fraud and voter registration laws to specify who may sue under them, when, how, and for what relief.

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