Federal Appeals Court Will Hear Arguments In John Doe, Voter ID Cases This Week

A federal appeals court in Chicago will hear oral arguments in two cases this week that hold major implications for Wisconsin: a legal challenge to a secret state investigation into Gov. Scott Walker’s campaign activities during the recall elections of 2011 and 2012, and a legal challenge to the state’s recently passed voter ID law.

The U.S. 7th Circuit Court of Appeals will hear arguments on Tuesday afternoon on an offshoot of the investigation known as “John Doe 2.” The John Doe itself was investigating whether Walker’s campaign illegally coordinated with conservative groups in the recall elections. This lawsuit was brought by one of those groups, the Wisconsin Club for Growth, which contends the probe violated their First Amendment rights.

In May, U.S. District Judge Rudolph Randa ruled in the Club’s favor and halted the investigation. The case has clear political implications in Wisconsin, where polls show Walker in a dead heat with Democrat Mary Burke. It could also have national implications for the way states are allowed to regulate campaigns and so-called “issue advocacy” groups.

On Friday, the court will hear arguments in the voter ID challenge. The lawsuit was brought by a variety of groups representing residents who had a harder time getting documents necessary to vote after the law was passed.

Judge Lynn Adelman ruled earlier this year that the law “would deter a substantial number of eligible voters from casting a ballot” and would disproportionately affect black and Latino populations. He also ruled that based on evidence introduced by the state, “voter impersonation fraud does not occur in Wisconsin.”

The court heard arguments two weeks ago in a lawsuit challenging Wisconsin’s same-sex marriage ban. It ruled that the ban unconstitutional a little more than a week later. Such a speedy turnaround time from argument to opinion is the exception and not the rule in the federal court system.