Editorials: Voting rights: State courts should be fighting strict voter ID laws | Slate
Last Friday, a Pennsylvania trial court struck down the state’s voter ID law because it violates the state constitution’s explicit grant of voting rights to the citizens of Pennsylvania. This decision, issued just a day after several members of Congress introduced a sensible bipartisan update to the Voting Rights Act, shows that bipartisan solutions to repairing our broken election system are indeed possible. Amid the partisan debates surrounding election rules—charges of vote suppression on one side and vote fraud on the other—the Pennsylvania decision also highlights the fact that state constitutions can shore up the fundamental right to vote through a mechanism that should appeal to both sides of the political spectrum: states’ rights. Conservatives, who normally support voter ID laws, believe that states should retain significant autonomy and thus that sources of state law are paramount. Progressives espouse robust voting rights. The right to vote is located in state constitutions. That’s why reliance upon state constitutions to invalidate the strictest voter ID laws is a perfect, and bipartisan, solution to an intractable political problem.