The Democrats are challenging Voter ID in Fulton County Superior Court, not federal court.
Lawyers who have just filed a new challenge to Georgia’s voter ID law say a recent U.S. Supreme Court decision upholding an Indiana statute actually bolsters their most recent effort.
“Frankly, the U.S. Supreme Court decision favors us,” said Bondurant, Mixson & Elmore partner Emmet J. Bondurant, the lead lawyer for the Democratic Party of Georgia. It filed suit in Fulton County Superior Court on Friday to have the 2006 Photo ID Act declared in violation of several provisions of the Georgia Constitution.
They’d file at the state level and not the federal level if they presume they have a weak case based on federal law, or can’t get around federal judges who are less prone to be activist judges.
It’s funny to hear Bondurant claim the SCOTUS voter ID case “favors” them and then run immediately to state court instead of federal court. That strongly suggests his statements are spin and not facts. In fact, the odds are that the case would get thrown out in federal court. Instead, they’ll go plead their case to what are presumably more favorably inclined state court judges.