Reactions vary to a Democratic lawsuit challenging Virginia’s voter photo ID law—based primarily on which side of the political spectrum the stakeholders fall.
Democrats argue that this is another attempt to disenfranchise minority and other voters, while the GOP and the law’s chief sponsor say it's designed to protect the integrity of the voting system. But political observers are wondering how this lawsuit will progress—and what's the best course of action for the state’s Democratic Attorney General.
Although Attorney General Mark Herring has previously taken a stance against state law on the issue of same-sex marriage, University of Richmond Law School Professor Carl Tobias says it may be in Herring's best interest to cite a conflict of interest and appoint outside counsel, as provided by law. But Tobias says if Herring aspires to be governor, this could be a lose-lose for him.
As for the merits of the case, Tobias says it could go either way since federal courts around the country have supported both sides. He believes those defending Virginia’s voter ID law will argue that it's designed to protect voting from fraud, but it will be difficult to substantiate claims that it's happening. He also says cases like this will eventually force the U.S. Supreme Court to make a determination—but this case probably won't be the catalyst.