Ed Whelan in the National Review is frustrated with Judge’s Posner’s renunciation of his Crawford opinion on voter ID. He contends that Posner’s admission of error—and his new, more critical judgment about voter photo ID requirements—is a demonstration of the flaws in the “pragmatic” adjudication that the Judge has long championed. Posner is now convinced that photo ID requirements have led to voter suppression, and Whelan counters that Posner is just expressing a personal judgment, “sloppy and ill-considered,” that follows from an open-ended mode of judging that invites subjective judgments.
Category: Voting Rights