Law professor: Justice Department could ‘regret’ suing Georgia over newly enacted voter law

Gov. Brian Kemp
Gov. Brian Kemp
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George Washington University law professor Jonathan Turley told Fox News that he was “highly skeptical” of U.S. Attorney General Merrick Garland’s lawsuit against Georgia over its election reform law that was signed by Republican Gov. Brian Kemp in March.

“I think they may ultimately regret this move,” Turley said on ”Fox & Friends.” “It could indeed clarify this issue in a way the Biden administration does not want.”

He cited similarities between the Georgia law and election laws in other states, including Biden’s home state of Delaware.

“This is a very dubious case in my view because the Georgia law has great overlap with other states like Delaware,” Turley said. 

Turley added that the scrutiny of the Georgia law by the court will draw attention to the U.S. Constitution giving the states the authority to set election protocols.

“One of the issues that the court may ultimately amplify is that elections were left in the Constitution to the state,” Turley said. “Alexander Hamilton actually wrote in the Federalist Papers imagine if the federal government was to take over the management of elections and he basically said we would all object. Well, that’s what’s happening now in Congress they are trying to essentially federalize elections and I think they are going to have a serious pushback on this lawsuit.”

The Wall Street Journal’s editorial board has likewise criticized the legal action.

Its editorial noted that under Georgia’s new law, anyone applying for a mail ballot must present either a state ID number or some other identifying document.

“The feds say this is a burden on black voters,” the editorial said. “But Sen. Joe Manchin (D-W.Va.) has proposed a similar nationwide rule, which was embraced by Georgia’s own Stacey Abrams. And what about the old system’s flaws? In Georgia’s 2018 election, black voters accounted for 54% of the ballots rejected for signature or oath issues.”

The editorial also noted that in 16 states, including Delaware, voters need a valid excuse to obtain a ballot.

“All Georgians can vote absentee, and the new deadline is a neutral rule,” the editorial said.



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