Sunday, August 7, 2016
July and August saw several states’ voting restrictions overturned. The voter ID laws, which would have required voters to produce photo identification prior to voting, were struck down. North Dakota’s law was the most recent, but other states, including Wisconsin, Kansas and Texas saw portions of their voting laws struck as discriminating against people of color. Earlier, Ohio passed legislation that eliminated “Golden Week” the voters’ rights to register and vote at the same location. Ohio has a history of attempts to limit voting by minorities and others who tend to favor the Democratic Party. In May, a federal court declared that the legislation violates the Voting Rights Act as well as the 14th Amendment.
A different federal court (4th Circuit) declared a North Carolina Voter ID law unconstitutional on several grounds. Like Ohio, North Carolina had eliminated same day registration and voting. But NC also prohibited out of precinct voting, as well as early voting. Both of these restrictions were overturned as well. The court found that the provisions “target African-Americans with almost surgical precision.” The court noted that the legislation addressed fictional problems.
In what was a surprise to many, the Supreme Court stopped implementation of a federal appeals court order that would have blocked the Virginia law requiring students to use the bathroom of the sex assigned at birth and not in accordance with their gender identity. The case is Gloucester County School Board v. GG. The surprise was Justice Breyer’s vote to grant the stay pending filing and decision on a petition for cert. He described this action as a “courtesy”. (And that means?) We can hope that the Justice promotes this issue being fully briefed in order to settle critical issues of gender identity, knowing that a split court will leave the lower court decision intact. Assuming the application for cert is granted, this case will test the limits of Justice Kennedy’s empathy toward the sexually diverse. Perhaps Justice Kennedy will extend his animus-dignity analysis to this minority that has far fewer champions than do gays and lesbians.