The Supreme Court’s Identity Crisis on Voting Rights

The claim that photo ID was necessary to deter or catch voter-impersonation fraud was, Judge Posner wrote, “a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government.”

He added: “As there is no evidence that voter-impersonation fraud is a problem, how can the fact that a legislature says it’s a problem turn it into one? If the Wisconsin Legislature says witches are a problem, shall Wisconsin courts be permitted to conduct witch trials?”