The Sixth Circuit Court of Appeals, in Cincinnati, reversed two lower courts that had ruled it was unconstitutional for party workers to challenge voters in polling places.
Challenging has been allowed under Ohio state law for decades. Republicans see challenges as a way to ensure that only those eligible vote. Democrats see challenges as a form of voter intimidation.
The New York Times reports that the lower courts felt there were adequate protections against fraud without the challenges:
In their separate rulings in the lower courts, Judge Susan J. Dlott of Federal District Court in Cincinnati and Judge John R. Adams in Akron agreed that procedures already existed to prevent fraud at the voting place. And they said aggressive, time-consuming challenges inside polling stations might create chaos and delays that could intimidate voters or rob them of the chance to vote.
In seeking the delicate balance between preventing fraud and upholding voting rights, the judges said, the scales should tip toward voting rights.
United Press International reports that Democrats asked the U.S. Supreme Court to review the matter. Justice John Paul Stevens denied the request early this morning.
Courtesy of Howard Bashman at How Appealing ,The Circuit Court's decision can be accessed online at the following links (PDFm format): majority opinion; concurring opinion; and dissenting opinion.
Thats right, three judges and three seperate opinions. This is a very contentious issue.
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