Pennsylvania Commonwealth Court Judge Robert Simpson’s 70-page decision yesterday refusing to block the state’s strict voter ID law is a rather curious document. The decision fails to connect legal principles with practical realities and consequently the court failed to protect the rights of Pennsylvania’s voters.  Simpson quickly waves away the facts and devotes nearly 50 pages to various legal theories and standards. Simpson conceded that should the voter ID law prevent any qualified person from casting a ballot; that voter will suffer “irreparable harm.”  Nonetheless, he ignores the real and substantial burdens imposed by this law on Pennsylvania’s voters and instead finds that because he does not believe that any voter will be “immediately” or “inevitably” fully disenfranchised, the law must stand.  More importantly Judge Simpson agreed that there are circumstances where some voters may be erroneously charged a fee to obtain a photo ID.  Ignoring the fact that the United States Supreme Court clearly stated in Crawford v. Marion County Election Board that a charge for a photo ID constitutes an illegal poll tax, Judge Simpson simply says that if charged, a voter could sue after the fact and obtain monetary damages, and therefore would not suffer “irreparable harm.”