The review of Arizona v. Inter Tribal Council of Arizona, Inc. was granted, though the court had previously rejected Arizona's request to block a lower court decision that had struck down that requirement. That particular law had been in effect since 2004, when "Proposition 200" was passed.
But, the Supreme Court will not rule on the case until after the election, in 2013. It will likely be argued in February and ruled on in June.
This case holds particular significance because:
- Whether or not proof of citizenship will be required for registering and casting a ballot will be determined.
- The court will clarify the cooperative, yet sometimes conflicting, roles of state governments and Congress in regulating election procedures.
- The relationship between the Elections Clause, the Supremacy Clause and the National Voter Registration Act will be interpreted:
State legislatures, under the
Constitution, are accorded the authority to decide “the time, place and
manner” of holding elections. This includes elections for federal
offices, but Congress is given the authority to “make or alter such
regulations.”
The Ninth Circuit has interpreted the
Elections Clause to bestow upon Congress full and final veto power over
any state law or regulation related to federal elections
The Circuit Court held that the
“presumption against preemption” that normally protects state laws,
under the Supremacy Clause, does not apply when the Elections Clause is
at issue. And, it excused Congress from having to provide a plain
statement of its intention to override the state procedure, when
overruling a state on federal election procedures.
Hence, the Circuit Court made the
determination that Arizona, in requiring that voters show specific
documentation to prove citizenship, was in conflict with the National
Voter Registration Act.
Cross-posted on RedState and Red Pill Report




