Attorneys General are seldom viewed as naive, but how else can you explain South Carolina AG Alan Wilson? The man has opted to submit his state’s new voter ID law to review by the U.S. Justice Department.
Surely he must know that the Voting Section of the Civil Rights Division is one of the most highly-politicized enclaves within the Justice Department. Wilson would have done far better to go directly to court for judicial review of the law under Section 5 of the Voting Rights Act.
To the liberal ideologues inhabiting the Division, voter ID is the equivalent of Jim Crow, a completely ridiculous and historically preposterous claim. Their handling of Georgia’s voter ID law in 2005 (not to mention Arizona’s voter ID statute) makes it clear that they have no regard for the legal standards that apply under Section 5 of the Voting Rights Act. [Note: Every court decision on voter ID laws has found them to be not racially discriminatory.]
In the Georgia submission, several Division lawyers assigned to the case basically tried to ignore all of the evidence that the State submitted, including detailed driver’s license records from the DMV and college ID records from the state university system. These records showed that minority voters in Georgia would have no problems meeting the ID requirement. Still, the ideology-driven lawyers wanted to challenge Georgia’s voter ID law as racially discriminatory.
The subsequent litigation, as well as the record turnout in elections since the law took effect, proved that those lawyers never should have questioned the law in the first place. Fortunately, that was prevented by the adults who were in charge of DOJ at the time. Unfortunately, political activism in the Division has only gotten worse since then.
Those same people who wanted an objection to Georgia’s voter ID are now in charge and will call the shots on South Carolina’s voter ID. The fact that DOJ previously precleared Georgia’s voter ID law as well as Arizona’s ID law is precedent that they will probably do their best to ignore.
The NAACP recently announced it is “betting the farm” that the Holder Justice Department will object to the South Carolina voter ID law.
That’s a safe bet, considering that the new leadership of the Voting Section is comprised largely of former NAACP officials. Why would the state submit its statute to these officials for review when the Voting Rights Act provides for an alternative path — going straight to federal district court? Inexplicably, Attorney General Wilson rejected the federal court option. When the NAACP bets the farm, General Wilson should be concerned that the cards won’t be dealt fairly. If Justice does object to South Carolina’s statute, he will have no one to blame but himself.
Wilson’s colleagues to the south are playing it smarter. Last week, Florida Secretary of State Kurt Browning yanked a submission from DOJ that the NAACP targeted and instead went to court. The NAACP also labeled the Florida law as the return of Jim Crow. What did the law do? Move early voting days and require voter registration forms to be turned in by third party groups in a timely fashion. Quite likely, the NAACP’s hyperbole (not to mention its overly cozy relationship with Voting Section attorneys and staff) is what caused Florida to pull the submission from DOJ.
South Carolina can look to other states besides Florida for guidance.
Texas made a very smart move recently when it went straight to court to obtain preclearance for its redistricting plans. Louisiana and Virginia also went directly to court over their redistricting plans.
Georgia discovered it had to go to court to obtain approval of a law that ensures only citizens are registered to vote. The Justice Department was objecting to the law. When faced with actually having to present evidence of claimed discrimination before federal judges, the Division capitulated almost immediately. It agreed to clear the law under Section 5 if Georgia dismissed its lawsuit. The law is in place today because Georgia went to court.
States must understand that they are better off in federal court where DOJ cannot use rank hearsay and imaginary evidence, something it does all too often in its own administrative review. If states don’t go to federal court until they are appealing an administrative decision by DOJ to object to their law, they are already on the defensive both in the courtroom and in the public relations battle.
South Carolina should pull its administrative submission from DOJ and go straight to district court for approval of the new voter ID law.
“To the liberal ideologues inhabiting the Division, voter ID is the equivalent of Jim Crow”
The Dems want the same thing they’ve always wanted. Rigged elections.
In the old days they used Jim Crow to rig them (by using threats, violence or trickery to keep people from voting), now they want to pack ballot boxes with “votes” from illegal aliens and whatnot, hence their opposition to requirements that voters establish their bona fides before voting.
Same old, same old, just a change in tactics.
The entire case law that the DOJ wants to use in this case was specious when proclaimed, is specious now, and will forever be specious. We need to remove everything the Progressives have ever inserted into our spurious ‘justice’ system. Progressivism is an abomination of justice, humanity, and logic.
Isnt’t it a requirement that prior to getting government subsidy (food stamp, housing etc.) a person needs to provide or show a government approved identification?
No. That would be discriminatory.
(Seriously — did you watch the latest videos from O’Keefe? The “aid workers” bent over backwards to ignore every statement of illegal activity and illegibility, and were instructed to cover all that up.)
We should call the SC attorney general and the governor and tell them this is unacceptable.
I’ve shown an ID in Kentucky elections for years now. So have all the voters, black, white or whatever. We’ve had no problems. Voters like my mother who do not drive are issued a non-driving ID by the DMV. Again, no problems.
I’m surprised that the Department of Justice even has time to review this case, since they’re probably spending most of their day trying to evade questions about the “Fast and Furious” operation that’s slowly, ever so slowly, making it’s way through the House of Representatives. I guess they can only come up with so many lies at one time. But I’m sure Eric Holder will find time for this. After all, he found enough time not to prosecute the Black Panter’s case, too. So how do you think the DOJ will rule on this one, Hmmmmm?
Perhaps the South Carolina AG Alan Wilson does not want the law to go into effect and therefore has chosen this method of review instead of the more logical one.
First thing that sprang to my head was, “Is this Wilson guy a Democrat?” Apparently not. I guess he’s a by-the-book, fair-minded conservative who probably never stoops to negative campaigning. Let’s see to it that he never escapes South Carolina.
The message from Eric Holder and the Dept. of [Social] Justice is that attempting to reduce voter fraud is raaaacist!
Even if my state doesn’t require voter id, I’m gonna give it to them anyway just to make a point.
Why doesn’t DOJ declare TSA ID rules discriminatory ? Jim Crow requirements like showing ID in order to take an airline flight is outrageous ! It’s obvious that TSA doesn’t want black people to fly…right ?
That’s why the TSA goes out of their way to frisk old [white] ladies, [white]vnuns and [white] children so as not to seem ‘discriminatory’ towards those brown/black ‘Muslims’.
Sorry – No Can Do – Federal District Courts are NOT in the Business of issuing Declaratory Judgments. No Case or Controversy equals No Hearing
Dr. Shalit
Dr. Shalit: Suggest you take a gander at 42 USC 1973(b)(a). Note the name of the section heading.
Oh, that silly DOJ…always illegally interfering with State rights
With Obama and Holder it’s all about race and politics.
@13. Bc3b
Buraq and Hidler? A race to the bottom.
@13. Bc3b
Buraq and Hidler? A race to the bottom.
I can believe that in this day and age of racial politics, which the Democrats specialize in, they wouldn’t want people to have to prove their eligibility to vote. I mean, with thirty million illegal aliens in the nation, what an advantage to not have to check someones right to vote.
The Dems know that these new laws really put a damper on their winning elections. They need Micky Mouse, Illegals, and dead people voting for them or they are a dead party.
To by pas our DOJ eric holder, the governor of South Carolina should go directly to the White House Palace and kiss king obamas ring in the congressional room and ask the kings favor!
I say the States should just assert that the Federal Government has no jurisdiction over this matter and ignore anything the DOJ does.