Voter ID Math Finally Adds Up for Judge Posner

Liberal observers are astonished and thrilled that Judge Richard Posner, the most influential judge sitting on the federal bench, has written a scathing condemnation of Wisconsin voter ID laws. Posner was appointed by Ronald Reagan, and his law-and-economics approach with its libertarian overtones can in a certain sense be described as conservative. Notably, Posner wrote a 2007 opinion upholding Indiana’s strict voter ID law -- an opinion subsequently upheld by the Supreme Court. Now, it would seem from the headlines, Posner has reversed himself. Newsworthy, right?

Well, sort of. A close reading of Posner’s opinion indicates that the judge hasn’t so much reversed his earlier view as he has taken seriously data that were unavailable in 2007. The numbers, as Posner now interprets them, do strongly suggest that the purpose of voter ID laws is to make it more difficult for poor people, especially blacks and Latinos, to cast votes. According to Posner, he wasn’t wrong in 2007. It’s just that then, there was no basis to assume that Indiana was trying to exclude minority voters. Now, there’s evidence in favor of that view.