Justice Scalia Now a RINO?

Developing: Justice Antonin Scalia appeared to side with Arizona in March oral arguments on the state’s proof-of-citizenship requirement for voter registration.

But Scalia wrote the majority opinion (PDF) on Monday striking down the state requirement. Scalia said Arizona law conflicts with a federal “motor voter” law that doesn’t require proof of citizenship. Instead, the federal law says, those signing the form need only swear that they are citizens.

Scalia’s opinion said states weren’t entirely hamstrung, however. They may still reject would-be voters based on information establishing they are ineligible. Also, they may ask the U.S. Election Assistance Commission to alter the federal form to include information they need to determine eligibility. If the commission rejects a request, the states may appeal. In the case before the court, Arizona wasn’t able to persuade the commission to change the form, but it may still appeal, Scalia said.

In oral arguments, Scalia had suggested that it would be fine for a state to ensure the integrity of its voting system when the federal form is lacking. “When the commission fails to do what enables the state to assess qualifications, the state will do it,” he said. “No problemo.”. . .

Most Popular


Courage: The Greatest of Virtues

EDITOR’S NOTE: The following is Jonah Goldberg’s weekly “news”letter, the G-File. Subscribe here to get the G-File delivered to your inbox on Fridays. Dear Reader (Or Listener), As the reporter assigned the job of writing the article about all of Sidney Blumenthal’s friends and supporters told his ... Read More

My American Dream

This morning, at 8 a.m., I did something I’ve wanted to do for as long as I can remember: I became an American. I first applied for a visa in early 2011, and since then I have slowly worked my way through the system — first as a visa-holder, then as a permanent resident (green card), and, finally, as a ... Read More

The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More