June 12, 2018
Yesterday, in a 5-4 decision, the Supreme Court erected another barrier to participation in democracy by people of color, the elderly and veterans, in its decision legitimating Ohio’s “use it or lose it” voter disenfranchisement scheme. At issue in Husted v. A. Philip Randolph Institute was an Ohio law which purged voters from the rolls if they failed to vote in two successive elections and neglected to return a postcard confirming their address. The Court overturned the 6th Circuit’s invalidation of the statute as violative of the National Voter Registration Act of 1993 (the “Motor Voter Act”), a law with the express purpose of making it easier for citizens to vote. The majority reached the opposite result from the Sixth Circuit despite the fact that one of that law’s “key provisions limits the ability of states to remove the voters from the voting rolls ‘by reason of the person’s failure to vote,’” (Source: “Sonia Sotomayor’s Dissent in the Big Voter Purge Case Points to How the Law Might Still be Struck Down,” by Richard L. Hasen, Slate.com, 6/11/18). Continue reading “Power: use it or lose it”
