Very seldom do federal judges admit they messed up on a previous case. They just don’t do that. An exception is Judge Richard A. Posner of the 7th Circuit Court of Appeals. In 2007 Posner wrote the majority opinion upholding an Indiana voter ID requirement.
In a new book entitled Reflections on Judging,” Judge Posner wrote, “We weren’t really given strong indications that requiring additional voter identification would actually disenfranchise people entitled to vote.” He was asked if the court had gotten it wrong, and he replied, “Yes. Absolutely.”
In the interview he noted that much had changed since 2007. “There’s always been strong competition between the parties, but it hadn’t reached the peak of ferocity that it’s since achieved. One wasn’t alert to this kind of trickery.... “
Information for this post came from an article in the NYT by John Schwartz, 16 Oct. 2013, p. A16. I certainly hope the judge who will be deciding the Pennsylvania Voter ID law reads the New York Times. (Or this post.)
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