Supreme Court Splits Over Student ID Rules Ahead of Midterm Elections

The Supreme Court has cleared the way for New Hampshire to prevent voters from using student identification cards as proof of identity in the upcoming midterm elections, with Justice Ketanji Brown Jackson publicly dissenting from the decision.

According to Fox News, the court relied on a longstanding principle that federal courts generally should not change election rules shortly before voters head to the polls.

The justices said lower courts had not shown why the New Hampshire case justified departing from that precedent.

Jackson disagreed, arguing that the timing of an election should not prevent courts from enforcing federal law when necessary.

"I respectfully dissent because — even, and perhaps especially, when an election is looming — I would not disturb a clearly justifiable federal-court order issued to ensure that the public receives accurate information about a State’s electoral processes," Jackson wrote.

The dispute began after New Hampshire enacted a law in April that took effect in June. The measure removed student IDs from the list of identification documents that election officials can expressly accept when voters request a ballot.

A voting rights organization challenged the law, arguing that the change disproportionately burdened younger voters and made it harder for them to participate in elections.

The controversy expanded after New Hampshire Secretary of State David Scanlan issued guidance stating that student IDs could not be used to establish a voter's identity, including as supporting documentation under alternative verification procedures.

A federal district judge blocked that portion of Scanlan's guidance, finding that the secretary's interpretation went beyond what the new law actually required. The law removed student IDs from the state's list of expressly accepted identification, but the judge determined that did not necessarily prohibit their use as supporting evidence.

The Republican National Committee supported Scanlan's position.

Jackson was the only justice publicly identified as dissenting, although the court's order does not necessarily reveal whether other justices disagreed privately.

The ruling comes as New Hampshire prepares for several competitive races. The state's Senate contest is rated as leaning Democratic by Fox News' power rankings, while the governor's race is considered likely to go to Republicans.

College students generally lean Democratic, making student identification rules a potentially important issue, though it remains unclear how many voters will be affected. Students who previously planned to rely on their school IDs will need another accepted form of identification.

Jackson has frequently taken positions apart from her colleagues on election-related and other major cases since joining the Supreme Court.