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.
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