Crawford v. Marion County Election Board — Scalia, J., Concurring

Summary

Justice Scalia concurred in the judgment that Indiana’s voter-identification law does not violate the Constitution. He argued that under Burdick v. Takushi, only severe burdens on voting rights justify strict scrutiny, while ordinary burdens receive deferential review. He concluded the law imposes minimal burdens supported by sufficient state interests. Justice Souter and Justice Breyer dissented, arguing the law disproportionately burdens poor and elderly voters without sufficient justification.