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Left Loses Big in Citizenship-Verification Supreme Court Case

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Joe Cooper

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Jun 19, 2013, 11:51:39 AM6/19/13
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Something perverse happened after the Supreme Court�s decision today
invalidating citizenship-verification requirements in Arizona for
registrants who use the federal voter registration form. The Left knows
they lost most of the battle, but are still claiming victory. That�s what
they do. Election-integrity proponents and the states are saying they
lost, but don�t realize they really won.

The Left wins even when they lose, and conservatives are often bewildered
and outfoxed in the election-process game.

Earlier today, I called the decision a nothingburger. After re-reading
the case and reflecting a bit more, it�s clear that the decision was a
disaster for the Left and their victory cackles are hollow � and they
know it.

Worse, conservatives dooms-dayers who have never litigated a single
National Voter Registration Act case have taken to the airwaves,
describing the case as a disaster which invites illegal-alien voting.

In the last year, I�ve litigated five NVRA cases and worked on the
preemption issues for years, and there is more to cheer in today�s
opinion than there is to bemoan. Those complaining about the opinion
don�t understand what the Left�s goal was in this case: total federal
preemption. On that score, Justice Scalia foiled them; indeed, the
decision today was a huge war won, even if the small Arizona battle was
lost.

From my time in the Justice Department Voting Section, I can remember
intimately the wars over some of the preemption issues decided today.

The Left essentially believes that anyone who fills out a federal
Election Assistance Commission registration form should be allowed on the
rolls, no questions asked. There were complex fights over the �citizen
check-off box� issues, with the Left wanting the box rendered
meaningless, and conservatives and election-integrity proponents
believing a registration cannot be processed until a registrant affirms
on the box that he or she is a citizen.

Before the decision today, here is what the Left wanted:

? Invalidation of Arizona�s requirement that those submitting a federal
form provide proof of citizenship with their federal form. Mind you, the
citizenship-proof requirement is NOT part of federal law and the Election
Assistance Commission does NOT require it in the form they drafted.

? Invalidation of state citizenship-verification requirements when a
state voter registration form is used (yes, such forms exist separate
from the federal requirement) on the basis of federal preemption. They
wanted the Arizona case to invalidate all state citizenship-verification
requirements.

* Automatic registration if a registrant submits a completed federal EAC
approved registration form, no questions asked.

* Federal preemption on the ability for states to have customized federal
EAC-approved forms that differed from the default EAC form.

* Federal preemption over states, like Florida and Kansas, looking for
independent information on citizenship to root out noncitizens from the
voter rolls. Again, the Left wanted the federal EAC form to be the no-
questions-asked ticket to the voter rolls.

So what is the score on these five goals after Justice Scalia�s opinion
today? Election-integrity advocates are batting .800; left wing groups,
.200. And the most insignificant issue of the five is the one issue the
Left won. Justice Scalia foiled 4 of 5 of their goals, and the 4 biggest
ones.


Continues (LOTS more):
http://pjmedia.com/jchristianadams/

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Leftus Ignoramus is the product of several malodorous confluences.
First, the left has strived mightily to dumb down ordinary Americans.
And it has succeeded: half of all Americans between age 18 and 34 cannot
find Texas on a map of American states. (Bruce Walker)
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