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SCOTUS declines to protect Texas from injunction on voter ID law

Conservative Review

Americans must show a form of photo ID to purchase a pack of Sudafed or to engage in any major transaction. Yet according to almost every lower court — including the “conservative” Fifth Circuit Court of Appeals — states can’t use their plenary power over election procedures to require a photo ID in order to protect the integrity of our democracy. Today, the Supreme Court declined to take up the appeal from the state of Texas in a bid to overturn the Fifth Circuit’s unconstitutional opinion.

My point is not to criticize the passive decision of the Supreme Court today, but rather to demonstrate how the entire conception of the modern federal judiciary as it relates to constitutional construction and its role in law-making is irremediably broken. And while it’s important to select the best nominee to SCOTUS as possible, merely “appointing good judges” alone will not save us from the tyranny of lower courts, absent wholesale judicial reform.

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