At the Examiner,
we rejoice in yesterday's good decision on the voter-photo-ID
case.
I've been writing about this case for quite some time. The only
thing that is disappointing is that the main opinion by Stevens
(with Kennedy and Roberts) took the typical Stevens/Kennedy tack of
applying a "balancing test" to adjudge whether or not a photo ID
requirement might, under other circumstances, be too burdensome;
i.e., as always, Kennedy wants the court to always assert its power
to make minute and solomonic judgements, for it to be the all-wise
arbiter based on intuitive knowledge too lofty for us mere mortals
to adjudge for ourselves or for us to write hard-and-fast rules
about. Oh, Lord, the mischief that was caused when Reagan settled
for Kennedy after Bork was Borked, rather than again trying for a
home run such as Silberman or Starr. Scalia (with Thomas and Alito)
had a better, more straightforward concurrence. Oh, well. Be
thankful for good results, if not perfect reasoning.
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