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J. Christian Adams agrees with me, AZ case actually helps us, as the states can demand proof of citizenship on state forms, not federal forms. That is exactly, what I wrote yesterday. This actually strengthens my Ca cases, where 2 registrars were caught falsifying state forms and Obama regime claimed those forms to be irrelevant.

Posted on | June 18, 2013 | 10 Comments

 

by J. Christian Adams

Left Loses Big in Citizenship-Verification Supreme Court Case

June 17th, 2013 – 5:35 pm
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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.

How does it work? The decision today uncorks state power. The Left wanted state power stripped and they lost.

First, Arizona can simply push the state forms in all state offices and online, and keep those federal forms in the back room gathering dust. When you submit a state form, you have to prove citizenship. Thanks to Justice Scalia, that option is perfectly acceptable. Loss for the Left. Victory for election integrity.

You might say, “That’s a small victory.” Nonsense. This was the whole ballgame to the groups pushing the Arizona lawsuit. They lost, period.

Next, when voters use a state, as opposed to a federal, form, they can still be required to prove citizenship. The federal form is irrelevant in that circumstance.

After the decision today, states have a green light to do double- and triple-checking even if a registrant uses the federal form. The Left wanted the submission of a federal form to mean automatic no-questions-asked registration. This is a big loss for the Left because now states can put suspect forms in limbo while they run checks against non-citizen databases and jury-response forms. Another significant victory in today’s decision. The Left wanted to strip them of that double-checking power.

The decision today is a great example of how conservatives can be distracted by squirrels running past. It is understandable and forgivable because they aren’t daily immersed in the long-term election-process agenda of the left-wing groups. Nor do they daily involve themselves with the details of election process. But having been in the “preemption wars” for nearly a decade, I can assure you this case is a big win, even if it doesn’t appear so at first glance.

Comments

10 Responses to “J. Christian Adams agrees with me, AZ case actually helps us, as the states can demand proof of citizenship on state forms, not federal forms. That is exactly, what I wrote yesterday. This actually strengthens my Ca cases, where 2 registrars were caught falsifying state forms and Obama regime claimed those forms to be irrelevant.”

  1. Julia
    June 18th, 2013 @ 9:25 am

    The Arizona Legislature will have to amend the stricken statute. If it does, then Arizona will effectively be required to hold two separate elections with separate ballots: one for the federal offices (President, House and Senate) and one for state elections. Cities will have to choose which ballot to appear on.

  2. Terry Samuels
    June 18th, 2013 @ 9:40 am

    What about the Supremacy Clause?

  3. Rod Riddle
    June 18th, 2013 @ 11:05 am

    Talk about an implosion!!!! The author of “Dreams From My Father,” a fairly tale fiction book created from the imagination of Terrorist Bill Ayers, (the Communist who helped Obama into politics) has gone on record and is calling Obama a Terrorist who should be tried in The Hague for war crimes!! Talk about the pot calling the kettle black! Ayers once dreamed (more than likely still does) of exterminating millions of Americans via re-education camps because they were true patriotic Americans and not Communists. This guy was a hero to the “Unibomber,” and he’s calling for the prosecution of one of his own! It just doesn’t get any better than this! LOL!!

  4. Anonymous
    June 18th, 2013 @ 1:56 pm

    LOL
    Blll Ayers: Try Obama for War Crimes

    Now, there’s a shocker…

    Video:
    https://www.realclearpolitics.com/video/2013/06/18/bill_ayers

  5. iamjoe sixpack
    June 18th, 2013 @ 4:59 pm

    What is to stop them from just handing out 1,000,000,000 Federal Forms then?

  6. Hunk
    June 19th, 2013 @ 4:41 am

    As far as this citizen is concerned, the Obama administration is Irrelevant!

  7. Thomas
    June 19th, 2013 @ 5:44 am

    Federal elections are what count (in the eyes of the DC Crowd). So,the Mexicans can vote for the ones who will Benefit Them the most.
    Have you ever wondered WHY Federal Reps. and Senators get Paid By The Federal Govt. and NOT by the STATE they Represent?

  8. Val Duggins
    June 19th, 2013 @ 7:55 am

    Do you really think there’s a chance this time?

  9. Concerned Citizen
    June 19th, 2013 @ 10:43 am

    How’s that 17th Amendment working for you now?
    It never was legally approved (just like the 16th Amendment) but was “deemed approved” by the US Secretary of State. The States lost the power given by the Founding Fathers and we ended up with decisions like this one.

  10. Click Me
    June 20th, 2013 @ 7:35 pm

    checkmate!

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