Editorials: Rigging the Game for Wisconsin’s Voter ID Supporters | Jon Sherman/Huffington Post
The full U.S. Court of Appeals for the Seventh Circuit has split 5-5 on whether to restore the injunction blocking Wisconsin’s voter ID law for this election. Since the full court deadlocked, the three-judge panel’s decision to stay the injunction — or let the ID law go into effect — will stand, absent intervention by the U.S. Supreme Court (which so far has not been sought). There is an 11th seat for an active judge on the court, but that tie-breaking seat has remained vacant since January 2010. Following the 5-5 vote, the panel issued an opinion explaining its reasons for denying the request for rehearing and voting against the full court’s review, and the five judges who voted for continuing to block the ID law for this election filed a dissent. Both sides argued about the meaning of a 2006 Supreme Court opinion, Purcell v. Gonzalez. In Purcell, a district court had allowed Arizona to implement its new voter ID law, but with weeks left before the election, the Ninth Circuit issued an emergency stay, blocking the law pending its final decision. The Supreme Court unanimously reversed the Ninth Circuit, finding that court orders changing the status quo so close to an election risk voter confusion and suppress participation. With the election mere weeks away and thousands of absentee ballots already mailed without ID instructions, hundreds of which have been returned without ID, the dissenting Seventh Circuit judges reasonably think Purcell requires blocking the law for this election (whatever the ultimate decision on the ID law’s legality).