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发帖数: 29853 | | r******g
发帖数: 4002 | | f**********n
发帖数: 29853 | 3 第十巡回的观点用了高院的一个判例【1】，那个案例的多数判决认为投票身份证要求
给人民带来的额外负担别太重就没问题。第十巡回说现在这个肯萨斯案子就是负担太重。
于是俺看了高院判例斯佳丽亚的附和观点，阿里拖和托马斯加入。感触很深，斯佳丽亚
早就预见到了用负担大小来衡量是否违宪就是捣浆糊
原文如下
Justice Alito join, concurring in the judgment.
The lead opinion assumes petitioners’ premise that the voter-
identification law “may have imposed a special burden on” some voters,
ante, at 16, but holds that petitioners have not assembled evidence to show
that the special burden is severe enough to warrant strict scrutiny, ante,
at 18–19. That is true enough, but for the sake of clarity and finality (as
well as adherence to precedent), I prefer to decide these cases on the
grounds that petitioners’ premise is irrelevant and that the burden at
issue is minimal and justified.
1.
https://www.oyez.org/cases/2007/07-21 | f**********n
发帖数: 29853 | 4 斯佳丽亚在下文里早就预计到了，如果按负担大小来衡量，诉讼就会没完没了，关几个
投票所也会增加负担，有些现成的法律也已经给了人很大负担。
过去的十几年里，果然这样的诉讼没完没了。。。
Even if I thought that stare decisis did not foreclose adopting an
individual-focused approach, I would reject it as an original matter. This
is an area where the dos and don’ts need to be known in advance of the
election, and voter-by-voter examination of the burdens of voting
regulations would prove especially disruptive. A case-by-case approach
naturally encourages constant litigation. Very few new election regulations
improve everyone’s lot, so the potential allegations of severe burden are
endless. A State reducing the number of polling places would be open to the
complaint it has violated the rights of disabled voters who live near the
closed stations. Indeed, it may even be the case that some laws already on
the books are especially burdensome for some voters, and one can predict
lawsuits demanding that a State adopt voting over the Internet or expand
absentee balloting. |
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