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  #1  
Old 08-15-2012, 03:49 PM
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Originally Posted by Clip-Clop View Post
"Petitioner's counsel did an excellent job of 'putting a face' to those burdened by the voter ID requirement," Pennsylvania Commonwealth Judge Robert Simpson said in a 70-page ruling.

Nope, no ruling there.
Yes, the judge used the word "ruling". There's a little more to it than that.

No, it was not a ruling on the merits of the case (whether the law was constitutional or not) it was a ruling on that he would not give an injunction right now against implementation. Will you give us an injunction temporarily halting implementation, Judge? No, Judge says. But the law is still being appealed immediately to the higher court for a ruling on the Constitutionality of the actual law. The law has not been ruled "legal".
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Old 08-15-2012, 03:51 PM
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Originally Posted by Riot View Post
No, it was not a ruling on the merits of the case (whether the law was constitutional or not) it was a ruling on basically, if he would rule on it.
" He found that the civil rights groups failed to show that the law was unconstitutional under all circumstances since it applies to all qualified voters, requiring them to present a photo ID that can be obtained for free. Judges would also be stationed at polling places on Election Day to resolve individual disputes, he added.

Before the trial, Pennsylvania conceded that it was not aware of any instances of voter impersonation fraud in the state.

While Simpson acknowledged that political interests may have motivated the legislators who voted for the law, that did not make the law unconstitutional, he said."

You sure?
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Old 08-15-2012, 03:55 PM
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Originally Posted by Clip-Clop View Post
" He found that the civil rights groups failed to show that the law was unconstitutional under all circumstances since it applies to all qualified voters, requiring them to present a photo ID that can be obtained for free. Judges would also be stationed at polling places on Election Day to resolve individual disputes, he added.

Before the trial, Pennsylvania conceded that it was not aware of any instances of voter impersonation fraud in the state.

While Simpson acknowledged that political interests may have motivated the legislators who voted for the law, that did not make the law unconstitutional, he said."

You sure?
Yes, according to the legal opinions that have been stated about what it was the judge was ruling upon, which was only the injunction. The judge was asked to stop the current implementation, while the constitutionality is determined. The judge chose not to block implementation while the constitutionality is being determined.

Try this, it's pretty detailed:

http://www.npr.org/blogs/itsallpolit...-supreme-court

Quote:
Attorneys for the plaintiffs had asked the judge to stop the law from taking effect as part of a constitutional challenge. Their complaint claims the law would make it disproportionately harder for seniors, minorities and others to vote in the Nov. 6 general election.

"Our concern is that you cannot wait until after Election Day to figure out that people lost their right to vote," says Judith Browne Dianis, co-director of the Advancement Project, which is the co-counsel for the plaintiffs. "We wanted to make sure the voters of Pennsylvania were protected going into this election and that their right to vote wasn't encumbered by an unnecessary barrier."

Pennsylvania state court Judge Robert Simpson declined to rule on whether the law violates the state constitution. But in refusing to grant an injunction against the law,

... etc. continued
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Old 08-15-2012, 04:01 PM
Clip-Clop Clip-Clop is offline
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Originally Posted by Riot View Post
Yes, according to the legal opinions that have been stated about what it was the judge was ruling upon, which was only the injunction. The judge was asked to stop the current implementation, while the constitutionality is determined. The judge chose not to block implementation while the constitutionality is being determined.

Try this, it's pretty detailed:

http://www.npr.org/blogs/itsallpolit...-supreme-court
http://www.pacourts.us/NR/rdonlyres/...Inj_081512.pdf

This is more detailed. And not a blog.
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Old 08-15-2012, 04:04 PM
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Originally Posted by Clip-Clop View Post
http://www.pacourts.us/NR/rdonlyres/...Inj_081512.pdf

This is more detailed. And not a blog.
NPR is not a "blog".

The judge did not rule on the constitutionality, he was not asked to rule on the constitutionality, he was asked, and he ruled only not to give an injunction while the constitutionality goes to the higher court to be addressed.

You can't possibly still be disputing that, are you? You are saying you think the judge ruled the law unconstitutional? No, he didn't.

The judge only ruled against a temporary injunction. He only ruled the law can go into effect (no injunction) while the constitutionality goes to the higher court to be addressed before November.
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Old 08-15-2012, 04:23 PM
Clip-Clop Clip-Clop is offline
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Originally Posted by Riot View Post
NPR is not a "blog".

The judge did not rule on the constitutionality, he was not asked to rule on the constitutionality, he was asked, and he ruled only not to give an injunction while the constitutionality goes to the higher court to be addressed.

You can't possibly still be disputing that, are you? You are saying you think the judge ruled the law unconstitutional? No, he didn't.

The judge only ruled against a temporary injunction. He only ruled the law can go into effect (no injunction) while the constitutionality goes to the higher court to be addressed before November.
Law upheld as constitutional. Repeats over and over in the pdf.
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Old 08-15-2012, 04:41 PM
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Law upheld as constitutional. Repeats over and over in the pdf.
No, it does not. The judge comments on the consitutionality, yes - but that's not what the judge ruled upon which was only the injunction

Quote:
Attorneys for the plaintiffs had asked the judge to stop the law from taking effect as part of a constitutional challenge. Their complaint claims the law would make it disproportionately harder for seniors, minorities and others to vote in the Nov. 6 general election.

"Our concern is that you cannot wait until after Election Day to figure out that people lost their right to vote," says Judith Browne Dianis, co-director of the Advancement Project, which is the co-counsel for the plaintiffs. "We wanted to make sure the voters of Pennsylvania were protected going into this election and that their right to vote wasn't encumbered by an unnecessary barrier."

Pennsylvania state court Judge Robert Simpson declined to rule on whether the law violates the state constitution. But in refusing to grant an injunction against the law, ...
etc, etc., he talks about the constitutionality. But the judge did not rule upon the constitutionality of this law. He declined to do so Please read page 68 of your PDF, which is the judges final order: it is only that the petition for injunction is denied - there is NO RULING on the constitutionality of this law.
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Last edited by Riot : 08-15-2012 at 04:55 PM.
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