Narrow

The opinion puts forward the narrowest test yet I’ve seen for deciding when a vote denial type claim (which Easterbrook calls a voter qualification claim) violates section 2 of the Voting Rights Act. He cites statistics showing whites are much, … more likely than blacks in Milwaukee to have a driver’s license (the easiest form of voter id to use in WI if you have it).  No big deal he says: black voting rates are high enough, and so long as “everyone has the same opportunity to get a qualifying voter ID” in Wisconsin there can be no voting rights violation.

Via Election Law Expert: Easterbrook’s Seventh Circuit Opinion: Horrendous @ MAL Contends . . ..

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