A Most Precious Right: Equal Protection, Voter Photo Identification, and the Battle Brewing in Texas

Authors

Emily V. Cox, University of Georgia School of Law

Publication Date

2016

Abstract

On a Tuesday in November, millions of Americans show
up and cast their votes, even in the face of cynicism,
perceived futility, and disappointment with the politicians
in Washington. It is the birthright of every citizen, and
there is simply nothing more fundamentally American.
The future of this right is now uncertain in the wake of the
United States Supreme Court decisions Crawford and
Shelby County. This Note suggests finding certainty by
re-framing the current test for the constitutionality of state
voting restrictions, the Anderson-Burdick Balancing Test.
This new imagining of the current test hinges on
identifying the nature of the burden being placed on voters
by the state restriction. Instead of a one-size-fits-all test,
courts would choose between two standards-Andersonor
Burdick. This Note explores this new iteration of the test
through a case study of the interaction of several Texas
state laws and policies that could lead to the
disenfranchisement of thousands of United States citizens
simply because they were born to undocumented
immigrants.

Recommended Citation

Cox, Emily V. (2016) "A Most Precious Right: Equal Protection, Voter Photo Identification, and the Battle Brewing in Texas," Georgia Law Review: Vol. 51: No. 1, Article 5.
Available at: https://digitalcommons.law.uga.edu/glr/vol51/iss1/5