You’re all wrong. This judge had NO CHOICE in the matter. His ruling PRESERVED the law for eventual implementation. This case was decided weeks ago in the PA SUPREME COURT…which sent the case back to THIS judge with the following instruction:
“This request to enjoin enforcement of the Act of March 14, 2012, P.L. 195, No. 18 (Act 18), returns to me from the Supreme Court for expedited consideration of the following directive:
Thus, we will return the matter to the Commonwealth Court to make a present assessment of the actual availability of the alternate identification cards on a developed record in light of the experience since the time the cards became available. In this regard, the court is to consider whether the procedures being used for deployment of the cards comport with the requirement of liberal access which the General Assembly attached to the issuance of PennDOT identification cards. If they do not, or if the Commonwealth Court is not still convinced in its predictive judgment that there will be no voter disenfranchisement arising out of the Commonwealth’s implementation of a voter identification requirement for purposes of the upcoming election, that court is obliged to enter a preliminary injunction.”
The facts are that with 4 weeks left till the election…requests for ID’s have been 200 a week…rather than the 10’s thousands there should be. The judge correctly ruled that per the Supremes…there was not enough time or progress in registering those currently without suitable photo ID to insure that many would not be able to vote.
The judge DID keep the law in place and FUTURE PA elections WILL have the ID requirement. I would view this as a victory after a setback. The judge even allows election officials to ask first for picture ID at this election and then secondary ID…though lack of a picture ID will not be disqualifying this time.
**If PA election officials are smart…they will RECORD the numbers of people without picture ID at this election…so that overblown claims of disenfranchisement cannot be made in the future.
The judges full explanation of his decision is here: http://www.pacourts.us/NR/rdonlyres/CFBF4323-B964-4846-8179-88D689375C10/0/CMWSuppDetAppPrelInjOrder_100212.pdf
Any fair reading of this case will note that the judge was
- Over-ruled by the State Supreme Court
2.) Took his order from the Supremes seriously and made a fact based decision based on their order.
3.) Did everything he could to avoid going one smidgen beyond the Supremes order.
4.) Preserved the law for the future and preserved the right to ASK for picture ID in this election.
Mitt has not a chance here anyway. NEXT time…we’ll have a good ID law in place and 4 years to get the ID’s into the hands of those who don’t have them now.
So there is NO misunderstanding…I FULLY support picture voter ID laws. They DO however need to be implemented in a manner that is fair to all. I think it is fair to say that the Dems strung this one out in court so long that there was no opportunity to get the ID’s done. They won the round…WE won the future.