South Dakota Codified Law 12-18-6.1 requires South Dakotans to present a photo identification in order to vote. Those of us who find the photo-ID requirement odious have the option under SDCL 12-18-6.2 of signing an affadavit swearing we are who we are.

A Wisconsin judge shares my odium. Dane County Circuit Judge Richard Niess has declared that state's new voter-ID law unconstitutional. The U.S. Department of Justice just wagged a negatory finger at a similar Texas law, holding that phot ID requirements unfairly impact minority populations.

Wisconsin Disenfranchiser-in-Chief Scott Walker gripes about judicial activism. Judge Niess pre-empts the judicial activism argument in his ruling:

Because the Wisconsin Constitution is the people's bulwark against government overreach, courts must reject every opportunity to contort its language into implicitly providing what it explicitly does not: license to enact laws that, for any citizen, cancel or substantially burden a constitutionally guaranteed sacred right, such as the right to vote.

Otherwise we stray into judicial activism at its most insidious. Our constitution is a line in the sand drawn by the sovereign authority in this state - the people of Wisconsin - that the Legislature, governor, and the courts may not cross, particularly under the all-too-convenient guise of strained construction and attenuated inference [Judge Richard Niess, ruling, quoted in Patrick Marley, "Judge Rules Wisconsin's Voter ID Law Unconstitutional," Milwaukee Journal-Sentinel, 2012.03.12].

We should view with suspicion any government that tries to turn more people away at the polls.