Analysis: Voter ID Fight Testing Court as Much as New Law
U.S. Court News
The Arkansas Supreme Court's decision to allow the state to enforce its voter ID law in this month's primary while justices consider whether the measure is unconstitutional sets up a test over Republican lawmakers' efforts to reinstate a law struck down four years ago. More importantly, it will show how much the state's highest court has changed since 2014.
Justices last week put a hold on Pulaski County Circuit Judge Alice Gray's decision to block the law's enforcement, meaning voters will have to show photo identification before they cast a ballot in the May 22 primary. Early voting for the primary begins Monday. Republican advocates of the law said the Supreme Court's decision to put the law on hold will avoid creating confusion.
"The stay issued this afternoon provides needed clarity for Arkansas voters and election officials," Attorney General Leslie Rutledge said in a statement shortly after the high court's ruling.
The 6-1 order from the court — only Chief Justice Dan Kemp would have denied the request to halt Gray's ruling — didn't elaborate on the reason for the stay. Both sides are set to begin filing briefs in the appeal of Gray's ruling in June, likely ensuring the legal fight will last throughout the summer.
"We are disappointed for the voters in Arkansas that the Arkansas Secretary of State and the Attorney General continue to want to enforce an unconstitutional Voter ID law," Jeff Priebe, an attorney for the Little Rock voter who challenged the measure, said after the ruling.
The decision creates a scenario similar to 2014, when a Pulaski County judge struck down Arkansas' previous voter ID law but put the ruling on hold and allowed it to be enforced in the primary that year.
The state Supreme Court ultimately came down against the 2013 voter ID law, striking it down weeks before the general election in 2014. Opponents of the law were able to point to nearly 1,000 votes in the primary that year that weren't counted because of the photo ID requirement.
The latest law is aimed at addressing a secondary reason some justices raised while striking down the previous voter ID law. The court unanimously struck down Arkansas' law, with four of the court's seven justices saying it violated the state's constitution by adding a qualification to vote. But three of the justices cited a different reason, saying the law didn't garner the two-thirds vote needed in both chambers of the Legislature to change voter registration requirements.
Related listings
-
State appeals court reinstates California's right-to-die law
U.S. Court News 06/18/2018A state appeals court has reinstated — at least for now — California's law allowing terminally ill people to end their lives.The Fourth District Court of Appeals in Riverside issued an immediate stay Friday putting the End of Life Option ...
-
Court gives Spanish princess' husband 5 days to go to prison
U.S. Court News 06/13/2018Judicial authorities on Wednesday told the brother-in-law of Spain's King Felipe VI that he must report to a prison within five days in order to serve five years and 10 months for fraud and tax evasion, among other crimes.Inaki Urdangarin, a former O...
-
UK Supreme Court criticizes Northern Ireland abortion laws
U.S. Court News 06/06/2018Britain's Supreme Court on Thursday criticized Northern Ireland's strict anti-abortion laws but dismissed a legal challenge.A majority of the court decided that the Northern Ireland Human Rights Commission, which initiated the case, did not have the ...
Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.