It’s always a gamble to try to predict which way the Supreme Court is leaning from oral argument questions, but the consensus among the press covering the Court is that Indiana’s controversial voter photo ID requirement won’t likely be struck down.
During arguments yesterday in the consolidated cases of Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25, Justice Anthony Kennedy – the crucial swing voter – seemed to echo the sentiments of Justice Antonin Scalia and others that voters and civil liberties groups challenging the law must prove that it will do more than inconvenience some voters.
“You want us to invalidate the statute because of minimal inconvenience?” Kennedy asked.