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By Kent Scheidegger et al.

Comparison of Crawford and McConnell v. FEC: Orin Kerr at the Volokh Conspiracy had an interesting post today. Kerr compares the U.S. Supreme's decision in yesterday's Crawford v. Marion County Election Board with its 2003 decision in McConnell v. FEC, 540 U.S. 93 (2003). According to Kerr the U.S. Supreme Court's decisions in McConnell and Crawford both addressed the basic issues of: (1) The degree of scrutiny for a facial challenge to a statute that is claimed to infringe on constitutional rights central to the voting process, and (2) The amount of evidence of a problem, and how hard should the courts look for it. Kerr also notes the political parties' reactions to the two pieces of legislation - Democrats favored campaign finance reform and opposed voter ID legislation, while Republicans had the opposite reaction...continue to full post

Full post as published by Crime and Consequences on April 29, 2008 (boomark / email).