On April 12, the Seventh Circuit issued this seven-page opinion in Frank v Walker, 15-3582. It says that even though the Seventh Circuit generally upheld Wisconsin’s law that requires voters at the polls to show a government photo-ID, that doesn’t mean that the law is valid for all voters. The Seventh Circuit remands the case to the U.S. District Court, and makes it plain that the U.S. District Court should give relief to voters who cannot produce such ID. Thanks to Rick Hasen for the news.
The *as applied* notion only happens to apply to ALL laws, not just election laws.
i.e. the courts are brain dead.
The acts or omissions of public officers do or do not violate the LAW —
whether or not they claim to be enforcing any ordinary law (i.e. State constitution or State law — relative to the USA Const or a valid USA law).
i.e. 2 x 2 x 2 = 8 possibilities.
State legislative stuff FACIALLY does or does NOT violate USA LAW.
FACIAL UNCONSTITUTIONAL State stuff gives NO immunity — think Nazis just following Hitler orders in WW II = NO DEFENSE.
i.e. ALL of the Confederate legislative stuff in 1860-1865 FACIALLY violated the USA Const and laws —
i.e. having the Confederate governments (including the Confederate army and navy), Confederate taxes, etc.