Supreme Court Skeptical about Overruling Voter ID Law Similar to Georgia's

WASHINGTON — U.S. Supreme Court justices expressed doubts Wednesday about throwing out an Indiana law — similar to Georgia's — that requires voters to have a photo ID.

In the hour-long oral arguments, some High Court members balked at the request of the Indiana Democratic Party and civil rights groups to reject the law as unconstitutional.

"You want us to invalidate a statute on the ground that it's a minor inconvenience to a small percentage of voters?" asked Associate Justice Anthony M. Kennedy, who often provides the swing vote on the court.

The lawyer for the Indiana Democratic Party, Paul M. Smith, who asked the court to strike down the statute, asserted that the IDs are not needed because "there's not a single recorded example of voter impersonation fraud."

Chief Justice John G. Roberts Jr. countered that identification fraud is hard to detect.

"What if we determine that it does serve a purpose in preventing fraud?" he asked.

Georgia Secretary of State Karen C. Handel, who attended the proceeding, said she is optimistic about prospects for her state's voter ID requirement, which is now facing a challenge in a federal appeals court.

Handel, who filed a brief in support of Indiana, said she was "very, very confident that the case was made" for Indiana's identification law.

"If it is upheld for Indiana, I think it will dramatically boost our case in the state of Georgia," she said.

And if the Supreme Court rules against Indiana, Handel said her own state would not necessarily be affected because of key differences in Georgia's voting laws.

In fact, Associate Justice Stephen G. Breyer praised Georgia for offering free photo IDs to any registered voter who lacks one. Georgia also permits any voter to use an absentee ballot, which does not require a photo ID.

The more stringent Indiana statute requires applicants for voter IDs to present documents such as a certified birth certificate, which can be difficult and costly to obtain.

Indianans who lack the required ID can also vote by filling out an affidavit at the nearest county clerk's office.

That requirement is a "double" burden on indigents, who may have difficulty traveling, said Associate Justice Ruth Bader Ginsburg.

She was the only member who spoke favorably toward ruling on the constitutionality of the law now, instead of waiting for a specific case of voter discrimination after the 2008 elections.

If the court waits for more proof of damage, "the horse is going to be out of the barn" and the result could be "skewed in favor of the opposite party," Ginsburg said.

A ruling is expected before the court recesses this summer.