[EL] Wisc. voter ID law upheld

[Josh Douglas]

http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118665
http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118667

One case is 5-2 (one justice concurring); the other is 4-3.

Based on a very quick read, it appears that the courts used a "lockstep"
approach and followed the U.S. Supreme Court's *Anderson*/*Burdick* test to
uphold the law under the Wisconsin Constitution.  (I criticize this
lockstep approach in a recent paper
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2234762>.)  The court
also was very critical toward the federal district court for not abstaining
from making a decision before the Wisconsin Supreme Court could hear the
case, and for being wrong on the *Anderson*/*Burdick* analysis.  It's
actually quite surprising how harsh the court is here with respect to the
federal court's decision.


-- 
Joshua A. Douglas
Robert G. Lawson & William H. Fortune Associate Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas at uky.edu
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