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  • WisBar News
    March 23, 2015

    U.S. Supreme Court Won’t Hear Wisconsin Voter ID Case, State Can Enforce

    Joe Forward
    Legal Writer

    March 23, 2015 – Wisconsin can now enforce a state law that requires Wisconsin voters to show photo identification to vote, since the U.S. Supreme Court won’t hear the case challenging the voter ID law on the grounds that it unconstitutionally burdens voters.

    The high court temporarily blocked enforcement of the voter ID law in October 2014, prior to the fall elections, after the U.S. Court of Appeals for the Seventh Circuit upheld the law and lifted a permanent injunction that was blocking the state from enforcing it.

    In a one-paragraph emergency order, a 6-3 majority of the U.S. Supreme Court indicated that the order would be terminated if the writ for certiorari was denied.

    Three justices dissented to temporarily blocking the law but said there was a “colorable basis” for doing so since elections were so close and absentee ballots were sent “without any notation that proof of photo identification must be submitted.”

    Today, the court denied the petition for certiorari in Frank et al. v. Walker et al., which terminates the emergency order and effectively affirms the Seventh Circuit’s decision to uphold Wisconsin’s voter ID law. The Wisconsin Supreme Court upheld it in August.

    Wisconsin Attorney General Brad Schimel has reportedly indicated that, despite this development, Wisconsin's voter ID law will not be enforced until after the April election cycle, since absentee ballots have already been mailed without reference to a photo ID requirement.



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