WASHINGTON, April 28, 2008

High Court Approves Indiana Voter ID Law

6-3 Ruling Upholds Law That Requires Voters To Produce Photo ID At Polling Centers

  • The case involving Indiana's voter identification law was the most important voting rights facing the Supreme Court case since the Bush v. Gore dispute that sealed the 2000 election for George W. Bush. Photo

    The case involving Indiana's voter identification law was the most important voting rights facing the Supreme Court case since the Bush v. Gore dispute that sealed the 2000 election for George W. Bush.  (IStockphoto)

  • Interactive The Supreme Court

    History, traditions and key cases, plus what it takes to get on the bench.

  • Blog Court Watch

    CBSNews.com Legal Analyst Andrew Cohen's new blog on the big issues and analyzes important cases of the day.

(CBS/AP)  The Supreme Court ruled Monday that states can require voters to produce photo identification without violating their constitutional rights, validating Republican-inspired voter ID laws.

In a splintered 6-3 ruling, the court upheld Indiana's strict photo ID requirement, which Democrats and civil rights groups said would deter poor, older and minority voters from casting ballots. Its backers said it was needed to deter fraud.

It was the most important voting rights case since the Bush v. Gore dispute that sealed the 2000 election for George W. Bush.

The law "is amply justified by the valid interest in protecting 'the integrity and reliability of the electoral process,"' Justice John Paul Stevens said in an opinion that was joined by Chief Justice John Roberts and Anthony Kennedy.

"This is a big win for Republicans, who have fought all across the country for more stringent voting requirements. And it's a big loss for Democrats, who argued to the Justices that the restrictive law would preclude many of their voters from being able to exercise their right to choose a candidate," says CBS News chief legal analyst Andrew Cohen.

Justices Samuel Alito, Antonin Scalia and Clarence Thomas also agreed with the outcome, but wrote separately.

Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter dissented.

More than 20 states require some form of identification at the polls. Courts have upheld voter ID laws in Arizona, Georgia and Michigan, but struck down Missouri's. Monday's decision comes a week before Indiana's presidential primary.

"We'll see lots of action now on this front in advance of the general election in November," Cohen says.

The case concerned a state law, passed in 2005, that was backed by Republicans as a way to deter voter fraud. Democrats and civil rights groups opposed the law as unconstitutional and called it a thinly veiled effort to discourage elderly, poor and minority voters - those most likely to lack proper ID and who tend to vote for Democrats.

There is little history in Indiana of either in-person voter fraud - of the sort the law was designed to thwart - or voters being inconvenienced by the law's requirements.

"We cannot conclude that the statute imposes 'excessively burdensome requirements' on any class of voters," Stevens said.

Stevens' opinion suggests that the outcome could be different in a state where voters could provide evidence that their rights had been impaired.

But in dissent, Souter said Indiana's voter ID law "threatens to impose nontrivial burdens on the voting rights of tens of thousands of the state's citizens."

Scalia, favoring a broader ruling in defense of voter ID laws, said, "The universally applicable requirements of Indiana's voter-identification law are eminently reasonable. The burden of acquiring, possessing and showing a free photo identification is simply not severe, because it does not 'even represent a significant increase over the usual burdens of voting."'

© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

Video and Galleries from Supreme Court

Add a Comment See all 19 Comments
by lorinkundert April 28, 2008 11:45 AM PDT
What''s the big deal about making sure a person is eligible to vote? Every State has laws requiring all adults to have proper identification. The only people who won''t have that would be undocumented aliens who are not able to vote anyway.
Reply to this comment
by jack3213 April 28, 2008 11:55 AM PDT
IF YOU CANNOT BE IDENTIFIED AND ARE NOT AN AMERICAN CITIZEN AND WANT TO VOTE- THEN TOUGH LUCK. THAT IS COMMON SENSE PEOPLE.
Reply to this comment
by bethyockey April 28, 2008 12:21 PM PDT
What is the point of obtaining a driver''s licence when you cannot afford a car? That is why the law disporpotionaley affect the poor (who in turn, are dispropotionately minority) and the eldery.
Reply to this comment
by mjvw2 April 28, 2008 12:31 PM PDT
What is the point of obtaining a driver''''s licence when you cannot afford a car? That is why the law disporpotionaley affect the poor (who in turn, are dispropotionately minority) and the eldery.

Posted by bethyockey

Georgia provides free state ID''s to any citizen for the asking. Not a drivers license, just proof that you are who you say you are.
Reply to this comment
by frankreach April 28, 2008 12:34 PM PDT
"What is the point of obtaining a driver''''s licence when you cannot afford a car? That is why the law disporpotionaley affect the poor (who in turn, are dispropotionately minority) and the eldery."

--- Response
A driver''s license is not the only way to properly identify an individual. There are State Id''s, which still cost money, but are affordable.
Reply to this comment
by coppertales April 28, 2008 12:37 PM PDT
I guess alot of dead people won''t be voting any longer. If someone does not have a photo ID, and are poor, etc, how do they cash their welfare or social security checks? What is so hard about obtaining a free photo ID? I am glad to see it....
Reply to this comment
by sgtrds April 28, 2008 1:41 PM PDT
One more victory for republicans trying to stop poor people from voting.
Reply to this comment
by usbrit-2009 April 28, 2008 2:01 PM PDT
Hmmmm - let me see - a loaf of bread for the kids or an ID I only need once every 4 years - can''t afford, so I guess it''ll be the loaf of bread.

If every state gave out free picture ID''s at the local supermarkets - that would be one thing. If you have to pay, or even have to drive a car to where you can pick one up - that is a poll tax pure and simple. They''ve been outlawed since the ''50''s even in this country.
Reply to this comment
by badbrown126 April 28, 2008 2:02 PM PDT
What ***. Everyone has a photo ID now. For every illegal vote someone is disenfranchised. One person .. one vote.

In Philadelphia districts proudly vote 108% of there population. Thats the dirty little secret. Bush actually WON Pennsylvania. And thats not good news for anyone!
Reply to this comment
by mbcsmith April 28, 2008 2:12 PM PDT
One more victory for republicans trying to stop poor people from voting.


--------------------------------------------------------------------------------

Posted by SgtRDS at 01:41 PM : Apr 28, 2008

More like 15 million illegal aliens won''t vote in November.
Reply to this comment
by mbcsmith April 28, 2008 2:14 PM PDT
Hmmmm - let me see - a loaf of bread for the kids or an ID I only need once every 4 years - can''''t afford, so I guess it''''ll be the loaf of bread.

If every state gave out free picture ID''''s at the local supermarkets - that would be one thing. If you have to pay, or even have to drive a car to where you can pick one up - that is a poll tax pure and simple. They''''ve been outlawed since the ''''50''''s even in this country.


--------------------------------------------------------------------------------

Posted by USBrit at 02:01 PM : Apr 28, 2008


LOL...LOL again. Free bread at Salvation Army. Free ID offered by most states.
Reply to this comment
by libra127 April 28, 2008 2:33 PM PDT
POLL: CLINTON HAS BETTER CHANCE THAN OBAMA OF BEATING McCAIN
By Liz Sidoti, Associated Press

Hillary Rodham Clinton has a better chance than Barack Obama of beating Republican John McCain, according to a new Associated Press-Ipsos poll that bolsters her argument that she is more electable in the fall than her rival for the Democratic nomination.

The survey released Monday gives Clinton a fresh talking point as she works to convince pivotal undecided superdelegates to side with her in the drawn-out Democratic primary fight.

Clinton, who won the Pennsylvania primary last week, has gained ground this month in a hypothetical head-to-head match up with the GOP nominee-in-waiting; she now leads McCain, 50 percent to 41 percent, while Obama remains virtually tied with McCain, 46 percent to 44 percent.


Reply to this comment
by badbrown126 April 28, 2008 2:35 PM PDT
To mbcsmith:

Free ID Free bread Free healthcare Free TV Free Electricity Free Gas Free Transportation Free everything.

But, I do not have the strength to turn off the flintstones and get a free photo ID. Hmmmm ... You obviously did not grow up in a poor neighborhood.

The vote was 6 to 3. And one of the 3 felt in a state that has a history of election fraud (Pennsylvania leaps to mind) ... it was a good idea. Even the liberals do not agree with you!! Try Canada .... whoops ... you need ID to vote in Canada.
Reply to this comment
by michellem99-2009 April 28, 2008 5:44 PM PDT
People..oh my..I vote by mail. If I go to the polls I have to show ID card,voter card,sign in their book where my name is, a ballot a given and in my case the ballot is read to me and the person mark my vote.This is WA. I have to pay for my ID card..That was 20 dallars..a replacement 10 dollars..They aint free.
Reply to this comment
by kansas1946 April 28, 2008 11:32 PM PDT
Scalia, favoring a broader ruling in defense of voter ID laws, said, "The universally applicable requirements of Indiana''s voter-identification law are eminently reasonable. The burden of acquiring, possessing and showing a free photo identification is simply not severe, because it does not ''even represent a significant increase over the usual burdens of voting."''
******************************************
I usually think Scalia is full of sh**, but this comment tops the pile. Many, many, elderly people do not have picture id''s because they quit driving. On election days, there are many services available for them to be able to get to the polls, but it will be up to them to "buy" a picture ID from the state. That means they have to go to the license bureau, have their picture taken, and then pay for it. They have to make arrangements to get there. I don''t know where Scalia thinks you can get an official picture ID for free. Of course, I really wonder if he lives on this planet most of the time.
Reply to this comment
by kansas1946 April 28, 2008 11:34 PM PDT
Most of the "voter fraud" I have heard about going on in the last couple of elections have been on the Republican side. Maybe only Repubicans should show their ID''s.
Reply to this comment
by michellem99-2009 April 29, 2008 4:03 AM PDT
Yes the elders do.
When they turn in their licnese
They get a state ID card..that they have to pay for.
I have always had a state ID card
Years ago they ask for a licnese
I don''t have one as a legally blind person I can''t drive however I have a state ID card
Reply to this comment
by abbe91 April 29, 2008 8:58 AM PDT
"More like 15 million illegal aliens won''''t vote in November.
Posted by mbcsmith at 02:12 PM : Apr 28, 2008"

Nope, they will all vote for McCain, thanks to Diebold.
They will not need to show an ID, not even to go to thge polls.
Reply to this comment
by lindaredtail April 29, 2008 11:21 AM PDT
Historically ID laws have been used to limit voter turnout. Republicans are always in favor of such laws as limiting the vote primarily benefits them. The justices who normally lean left made it clear that this decision suits Indiana but might not suit other states. I traveled through Indiana and did not see very much poverty ( We did not visit any large cities though). What they are saying is that in Indiana the burden isn''t sufficient. Missouri''s I.D. law was cast down however. But this is an issue that should be kept track of and in Indiana as well in how this decision affects the primary there and then the general election. Many elderly people, disabled as well have no way to get to ID''s or the extra money. Will Indiana make assistance both logistical and financial available?
Reply to this comment
See all 19 Comments
  • MOST POPULAR
  • Viewed
  • Commented
Latest News
Featured Blogs