Reply #160: Am I sure I read it correctly? [View All]

[Laelth]

Yeah, pretty sure.

You seem to have read the "low scrutiny" test to mean that it's easier to bring suit under low scrutiny. But, it's always equally easy to bring a lawsuit. All you have to do is file the complaint. It's the same degree of difficulty every time. No, I'm fairly certain that at "low scrutiny" the Court will stay out of the state's business 99 times out of 100. If "low scrutiny" is the test, the court almost always allows the state's law or action to stand without judicial interference. At heightened scrutiny, on the other hand, there's a good chance that the Court might do something to make the state change its law or its policies.

And you're right in your second paragraph to suggest that the votes aren't equal. But so what? The citizens of the state elected their legislators. Their legislators chose this unequal system. The courts will not change that unless someone can show that a protected Constitutional right has been violated by the state's action. Understand that the state never treats everyone equally, and it's not required to do so by the Constitution. Sixteen-year-olds can drive in Georgia, for example. Fourteen-year-olds can not. Is that unequal? Yes. Is that state law unconstitutional? No.

In order to win an equal protection case, we must be able to show that a constitutionally protected right has been violated. So far, we can't even show a single person who was impermissibly denied the right to vote in this past election. Plus, it's highly unlikely that the Court would rule that an electronic vote does not constitute a "real" vote. The Constitution does not guarantee paper ballots or a paper trail. The Court is likely to conclude that the state legislators, as the duly elected representatives of their citizens, are free to choose whatever voting system that they feel is appropriate. The Court prefers not to second guess the elected representatives of the people, and it will only do so when a protected Constitutional right has been violated.

Hope that helps. :)

-Laelth