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A Road Map for Challenging Voter Restriction Laws After Crawford

By Steven D. Schwinn

In Crawford v. Marion County Election Board a highly fractured U.S. Supreme Court last Term ruled that Indiana’s voter-identification law, commonly known as the “Voter ID Law,” did not violate the equal protection clause of the Fourteenth Amendment. While this decision disappointed many, particularly with its use of the less stringent “flexible” balancing test, the silver lining is in so framing a voting rights case as to challenge successfully a law that impinges on the right to vote.

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