Recently the CRS released a report, “The Constitutionality of Requiring Photo Identification for Voting: An Analysis of Crawford v. Marion County Election Board.” The report concludes by asserting the following implications of the Crawford decision:
In the wake of the Supreme Court’s ruling in Crawford, some commentators have speculated that more states are likely to enact laws requiring photo identification for voting. However, even though the Court’s ruling strikes down a facial challenge to
Indiana’s Voter ID Law, it appears to leave open the possibility of “as applied” challenges to such laws, if greater evidence of the burdens imposed on voters’ rights can be provided. Furthermore, while three members of the Court — Justices Scalia, Thomas,
and Alito — hold the position that a “record-based” evaluation of the impact of such laws on individuals is inappropriate, that view does not appear to be shared by the remainder of the Court.