I think you’re missing a key point there, which is that while they courts decide the law of the land, they do not decide what is right and what is wrong. If nothing else, courts can change. Suppose I hold the opinion that a particular voter ID law is wrong and evil and antidemocratic. Now I wouldn’t use the language “unnecessarily burdensome” in my personal description of it, but that might be the corresponding legal concept. So the courts decide that it’s not unnecessarily burdensome. Then a few years later, a different set of judges are elected, and now decide that it IS unnecessarily burdensome. Clearly, the law goes from being legal to being illegal when that happens. But it doesn’t switch back and forth from being evil to not-evil and back.
Jim Crow laws were evil and anti-democratic, even when they were the accepted law of the land. Gerrymandering-for-political-advantage is evil and anti-democratic (and also has a bunch of negative side effects), even though it is generally legal.
Another angle of thought: suppose that we could look at any of these ID laws and assign a number to them which was the precise additional burden they placed. So that law over there which made IDs cost $500 and there was only one place in the whole state to get them would be a 32.6 and that other law which allowed any of tons of kinds of IDs and made it easy to get them for free and was rolled in over a series of years was only a 3.5. So the courts have to decide, “what level of burden is acceptable”. And (in this contrived hypothetical) they have to assign a number, so they say “ok, anything over 10.0 is an unnecessary burden”. And then it turns out that a few of the voter ID laws are over 10.0, and are thrown out, but a bunch more are in the 8.x and 9.x range, and they are upheld.
So, that’s the law of the land. Some of them are illegal, and some of them are legal, settled law. But that doesn’t mean that the 8.x and 9.x laws, and the people who proposed them, are now pure and innocent as the driven snow. If the age of consent is 16, then it’s legal for a 40 year old to have sex with someone who is 16 years and one day old, and illegal for them to have sex with someone who is 15 years and 364 days old. That’s the law, and there have to be laws. But that doesn’t mean that one of those two actions is evil and one is good. When we as a society (or just as a message board) are discussing whether we find something to be acceptable, we can look at more than just court-decided standards.
When we’re discussing laws, I think the motives of those who propose the laws are relevant to the discussion, both for a general moral reason (we shouldn’t reward people for sleazy motivations) and for a specific practical reason (a law will do X, it was proposed by people with sinister motive Y, you support it for objectively reasonable reason Z… but because the people who wrote the precise text and who will probably be in charge of overseeing the details and so forth are interested in Y rather than Z, that’s likely what the implementation will favor.)
You’ve lost me. Who would you like me to comment on, and when did you request it?
Yeah, I probably overstated that. I conflated my own position in this thread with that of most people on “my side”… that said, saying something “should” be found unconstitutional could mean either (a) with the current set of precedents, the correct judicial decision would be to find this unconstitutional, or (b) it ought to be the case that this sort of law would be unconstitutional, because it deserves to be. I’m not sure how many of the lefties in this thread are espousing (a) or (b) or neither. (Personally, I have no particularly comment on (a), and I agree with (b).)
Do they? In states like California, where there are massive Democratic majorities in the state legislature, have their been attempts to do things like change the number of polling places available in different counties to tilt the scales in favor of democratic voters?
Sure, this whole thing falls very broadly into the category of “dirty political tricks”, and neither party is pure and innocent of dirty political tricks. But that doesn’t mean that any discussion of anything sleazy or antidemocratic that anyone ever does should just result in us shaking our heads and saying “eh, politicians will be politicians, and both parties do it”.