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Supreme Court Upholds Voter Identification Law in Indiana (DAVID STOUT, 4/28/08, NY Times)

Justice John Paul Stevens, who announced the judgment of the court and wrote an opinion in which Chief John G. Roberts Jr. and Anthony M. Kennedy joined, alluded to — and brushed aside — complaints that the law benefits Republicans and works against Democrats, whose ranks are more likely to include poor people or those in minority groups.

The justifications for the law “should not be disregarded simply because partisan interests may have provided one motivation for the votes of individual legislators,” Justice Stevens wrote.

Justice Stevens and the two court members who joined him found that the Democrats and civil rights groups who attacked the law, seeking a declaration that it was unconstitutional on its face, had failed to meet the heavy burden required for such a “facial challenge” to prevail. [...]

Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. concurred in the judgment of the court, but went further in rejecting the plaintiffs’ challenge. In an opinion by Justice Scalia, the three justices said, “The law should be upheld because its overall burden is minimal and justified.”