An interesting argument in the South Carolina case:
Garrard Beeney, arguing on behalf of civil rights organizations intervening in the case, also noted that South Carolina law required notaries to determine if someone is intoxicated or on drugs before they signed an affidavit. Given that blacks are less likely to have a form of state-issued identification, he said, the law would lead to them being asked that question in disproportionate numbers at the polls.
“We’d now have, in the polling place, 21,000 human breathalyzers to determine whether someone in eligible to vote,” Beeney argued.
Judge Bates agreed, noting that “an even-handed application of ‘are you drunk’ is going to end up affecting more African-Americans” because of the racial make up of the pool of voters who lack identification.
Oh boy. Could you even imagine what that would look like?