If Mr. Hasen believes that lower-court decisions do not reflect a desire to
aid one party or another, he is living in a hermetically - not to mention
politically - sealed environment. It is no secret that the Democratic Party,
especially, has been "importing" votes in recent years, telling immigrants
that Republicans don't want them here and so they had better register to
vote and vote for Democrats. Republicans are trying to play catch-up with
the alien vote, which is why they have been reluctant to do what is
necessary to control the southern border and to enforce immigration laws.
Democrats aren't blind. They see Republican approval among Hispanics in
decline, and they are taking advantage by escalating the import vote in time
for the 2008 election.
The next election, like other recent elections, will determine what kind of
judges sit on federal benches as well as how they interpret the Constitution
and the laws passed by Congress. If a liberal Democrat wins the White House,
more liberal judges will be named to benches and immigration laws -
especially voter ID requirements - will not be enforced, producing more
votes for Democrats and possibly condemning Republicans to permanent
minority status, though immigration will not be the only cause of that.
For the Supreme Court not to uphold the Indiana law would be the ultimate in
identity theft. It would legalize voter fraud and might call the legitimacy
of every future election into question.
The genius of the American system has been that the losing side mostly
accepts the decision of the majority. But if that majority is attained
through fraudulent means, this is the stuff that has sparked revolutions in
the past and could do so again.