Balkinization
In Crawford v. Marion County Election Board, the Supreme Court continues a trend of using the technical doctrines of facial challenges to swat away constitutional litigation and drive questions back to the political process. Whether you think that is a good or a bad thing depends on your view of whether the Indiana legislature was essentially limiting access to the ballot to certain classes of voters in order to help the Republican Party stay in power. If you think that the political process will take care of enfranchising these voters, you need not worry too much about the result. If, on the other hand, you think that the political process is being used to build in advantages for one party over another, there is greater reason to be concerned.As Justice Stevens' plurality opinion points out, all of the Republicans in the Indiana General Assembly supported the bill, while all of the Democrats opposed it. That degree of polarization speaks volumes about the purposes behind the legislation, but the real question is what message you (or the Court) wants to hear. One of the most famous ideas in constitutional law is the idea taken from the Carolene Products... more »








