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Tuesday, September 27, 2022

JOTWELL: Vladeck on Codrington on Purcell

The new Courts Law essay comes from Steve Vladeck (Texas), reviewing Wilfred U. Codrington III, Purcell in Pandemic, 96 N.Y.U. L. Rev. 941 (2021), exploring the use of Purcell to avoid challenges to COVID-related voting restrictions.

Posted by Howard Wasserman on September 27, 2022 at 09:31 AM in Article Spotlight, Civil Procedure | Permalink


“Justice John Paul Stevens wrote a concurring opinion in which he agreed because there was no discussion of the rationale for requiring identification for voter registration.”

One would think the rationale for requiring identification for voter registration is to prevent fraud and identity theft.

If this, in fact, is the requirement for the national mail voter registration application,


on what basis can these requirements be dismissed? One would think it reasonable to assume that regardless if one’s vote is delivered in person, or in the mail, the identification requirement for the national mail voter registration should remain the same, if the State takes seriously our Constitutional Right to representation through voting.

As to Covid related voting restrictions, nowhere in our Constitution has a virus been deemed to have the power to change the spirit of the law regarding confirmation of identity; perhaps a risk/ benefit study on the probability of fraud, when identity is not confirmed, might be warranted.

Posted by: N.D. | Sep 28, 2022 11:50:11 AM

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