Posted on 06/17/2013 8:03:34 PM PDT by jazusamo
Something perverse happened after the Supreme Court’s decision today invalidating citizenship-verification requirements in Arizona for registrants who use the federal voter registration form. The Left knows they lost most of the battle, but are still claiming victory. That’s what they do. Election-integrity proponents and the states are saying they lost, but don’t realize they really won.
The Left wins even when they lose, and conservatives are often bewildered and outfoxed in the election-process game.
Earlier today, I called the decision a nothingburger. After re-reading the case and reflecting a bit more, it’s clear that the decision was a disaster for the Left and their victory cackles are hollow — and they know it.
Worse, conservatives dooms-dayers who have never litigated a single National Voter Registration Act case have taken to the airwaves, describing the case as a disaster which invites illegal-alien voting.
In the last year, I’ve litigated five NVRA cases and worked on the preemption issues for years, and there is more to cheer in today’s opinion than there is to bemoan. Those complaining about the opinion don’t understand what the Left’s goal was in this case: total federal preemption. On that score, Justice Scalia foiled them; indeed, the decision today was a huge war won, even if the small Arizona battle was lost.
From my time in the Justice Department Voting Section, I can remember intimately the wars over some of the preemption issues decided today.
The Left essentially believes that anyone who fills out a federal Election Assistance Commission registration form should be allowed on the rolls, no questions asked. There were complex fights over the “citizen check-off box” issues, with the Left wanting the box rendered meaningless, and conservatives and election-integrity proponents believing a registration cannot be processed until a registrant affirms on the box that he or she is a citizen.
Before the decision today, here is what the Left wanted:
● Invalidation of Arizona’s requirement that those submitting a federal form provide proof of citizenship with their federal form. Mind you, the citizenship-proof requirement is NOT part of federal law and the Election Assistance Commission does NOT require it in the form they drafted.
● Invalidation of state citizenship-verification requirements when a state voter registration form is used (yes, such forms exist separate from the federal requirement) on the basis of federal preemption. They wanted the Arizona case to invalidate all state citizenship-verification requirements.
● Automatic registration if a registrant submits a completed federal EAC approved registration form, no questions asked.
● Federal preemption on the ability for states to have customized federal EAC-approved forms that differed from the default EAC form.
● Federal preemption over states, like Florida and Kansas, looking for independent information on citizenship to root out noncitizens from the voter rolls. Again, the Left wanted the federal EAC form to be the no-questions-asked ticket to the voter rolls.
So what is the score on these five goals after Justice Scalia’s opinion today? Election-integrity advocates are batting .800; left wing groups, .200. And the most insignificant issue of the five is the one issue the Left won. Justice Scalia foiled 4 of 5 of their goals, and the 4 biggest ones.
How does it work? The decision today uncorks state power. The Left wanted state power stripped and they lost.
First, Arizona can simply push the state forms in all state offices and online, and keep those federal forms in the back room gathering dust. When you submit a state form, you have to prove citizenship. Thanks to Justice Scalia, that option is perfectly acceptable. Loss for the Left. Victory for election integrity.
You might say, “That’s a small victory.” Nonsense. This was the whole ballgame to the groups pushing the Arizona lawsuit. They lost, period.
Next, when voters use a state, as opposed to a federal, form, they can still be required to prove citizenship. The federal form is irrelevant in that circumstance.
After the decision today, states have a green light to do double- and triple-checking even if a registrant uses the federal form. The Left wanted the submission of a federal form to mean automatic no-questions-asked registration. This is a big loss for the Left because now states can put suspect forms in limbo while they run checks against non-citizen databases and jury-response forms. Another significant victory in today’s decision. The Left wanted to strip them of that double-checking power.
The decision today is a great example of how conservatives can be distracted by squirrels running past. It is understandable and forgivable because they aren’t daily immersed in the long-term election-process agenda of the left-wing groups. Nor do they daily involve themselves with the details of election process. But having been in the “preemption wars” for nearly a decade, I can assure you this case is a big win, even if it doesn’t appear so at first glance.
After the decision today, states have a green light to do double- and triple-checking even if a registrant uses the federal form. The Left wanted the submission of a federal form to mean automatic no-questions-asked registration. This is a big loss for the Left because now states can put suspect forms in limbo while they run checks against non-citizen databases and jury-response forms. Another significant victory in today’s decision. The Left wanted to strip them of that double-checking power.
**Put up a camera that snaps photos of those in the Federal line.
Lets see how many people enter the ‘Federal only’ line!**
LOL!
Think about what the IRS did to Tea-party 501 apps, they let them sit, then reviewed the apps and sent out numerous nonsense questions
no cameras allowed in polling places I think
BUMP that, Sal! :-)
True, Holder and the Dept of Injustice blocked States from taking dead folks off the voters rolls
Important read:
Exerts from article...
The Arizona Scotus decision today ‘uncorks state power’.... The Left wanted state power stripped and they lost.
First,........Arizona can simply push the state forms in all state offices and online, and keep those federal forms in the back room gathering dust...... When you submit a state form, YOU HAVE TO PROVE CITIZENSHIP......Thanks to Justice Scalia, that option is perfectly acceptable.... Loss for the Left..... Victory for election integrity.
You might say,..... “That’s a small victory.”.. Nonsense. This was the whole ballgame to the groups pushing the Arizona lawsuit..... They lost, period.
Next,...... when voters use a state, as opposed to a federal, form, they can still be required to prove citizenship. .....The federal form is irrelevant in that circumstance.
After the decision today, states have a green light to do double- and triple-checking even if a registrant uses the federal form......
..... The Left wanted the submission of a federal form to mean automatic no-questions-asked registration.... This is a big loss for the Left because now states can put suspect forms in limbo while they run checks against non-citizen databases and jury-response forms......
Another significant victory in today’s decision. The Left wanted to strip them of that double-checking power.
The decision today is a great example of how conservatives can be distracted by squirrels running past........... It is understandable and forgivable because they aren’t daily immersed in the long-term election-process agenda of the left-wing groups.........Nor do they daily involve themselves with the details of election process........ But having been in the “preemption wars” for nearly a decade, I can assure you this case is a big win, even if it doesn’t appear so at first glance.
Nice!
This is the dumbest commentary I have ever seen.
The Supreme Court just gave permission for illegal aliens to vote without any restrictions.
Republicans have to be the stupidest people around if they think this was a victory.
This nicely ties in with another article that Cruz spoke of concerning NSA.....not to jump to conclusions....
It’s Obama who used the NSA to mega-collect voter information to win his election...he didn’t need to use it for peoples personal information which can already be obtained by driver’s licsences , ss numbers etc. He needed the data to win the election.
But he has everybody in a tiz about what the NSA knows about them and how they are doing so...thus the attention is off him and the voter fraud he used the NSA for.
We have again....been “squirreled”...took Obamas bait and ran with it...and the media helped....no wonder they were happy to “sell” the story and our outrage....we all were so surprised they were jumping on board...they were once more helping Obama and protecting him.
Thanks for your most informed comment. Do I need a sarc tag?
You may be right. What about on the way in?
Kinda confusing...If this is so great, why did Alito and Thomas vote against it??? And why did all the Libs support it???
“the state can put them in limbo”
What is the origin of this notion?
Well, I hope that someone tells Michael Savage this “good” news. He was beside himself on his show tonight, saying it was the end of America.
Motor Voter was and is the biggest Voter Fraud scheme to ever come down the pike. Clinton really pulled off the biggest scam possible. Only Amnesty will cause more damage.
In all these years, have we seen ONE Non Citizen tried and convicted of Perjury for falsifying the Form in question?
Inquiring minds need to know.
Of interest PING!
If the claims in this article are correct then there may be some positive practical effect. However: the larger issue remains, which is that the Federal government lacks authority. A State does not have to seek Federal permission for its electoral administrative process. In this respect this ruling is a disaster.
Thomas’ exposition was clear and accurate. A State does not have to seek Federal permission for its electoral administrative process.
It IS the end of America. While the Federal government improperly demands Arizona seek their approval and if denied to seek remedy in court, the real effect is that foreigners will register and will vote.
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