Wednesday, March 07, 2012

Farcical Flanagan, the Reliable Madistan "Judge"

Esenberg simply nukes Farcical Flanagan's silliness.

...Without rehearsing all of the legal niceties, reliance on the Wisconsin Constitution gives the plaintiffs an opportunity to argue that laws that may make it more difficult to vote should be subject to what lawyers call heightened scrutiny. Judge Flanagan accepted that argument, stating that the law must be subject to what is "strict scrutiny," i.e., that the law must be necessary to serve a compelling interest.

This is what I think won't hold up on appeal. While it may be superficially attractive to say that anything that makes it harder to exercise the "sacred" and "fundamental" right to vote should be held to this high standard, a little thought reveals that this is not a workable idea. Elections have to have rules. Rules will make it harder to vote than it might otherwise be. Recognizing this, courts have not always subjected rules regulating voting to "strict" or even "heightened" scrutiny. Rather, they have tended to do so only when the restriction on the voting rights of some group of electors has been severe or is wholly unrelated to the qualifications to vote and the rational administration of elections....

...which is NOT the case in Wisconsin.

Flanagan assured himself of re-election in LaLaLand, however.

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