New Line of Defense Emerging To Protect Voting Rights: State Constitutions
An emerging storyline in this year's election season is the increased implementation of voter ID laws around the country. From Wisconsin to Texas to Virginia, state legislatures are enacting new laws requiring voters to show some form of photo identification at the polls. Just as quickly, opponents are filing suit in both state and federal courts to challenge the laws on various grounds.
While none of this is particularly novel, the added twist is the prominence of state constitutions in these disputes. In fact, given the current U.S. Supreme Court's narrow interpretation of voting protections, state constitutional recognition of the right to vote may have a tremendous impact in limiting some states from requiring voters to show identification this Election Day.