Biometric ID Card Might Be Able to Pass Muster in the Supreme Court
A Democratic proposal for immigration reform pending in Congress would replace Social Security cards with “biometric” IDs that carry each owner’s fingerprints and facial and iris scans.
The cards would be required for anyone seeking a job, and employers would have scanners to check eligibility for employment, United Press International reports. But would the cards survive a constitutional challenge in the U.S Supreme Court?
UPI considers the question and says the justices would likely turn down a constitutional challenge. The story cites the Supreme Court’s 6-3 decision in 2008, Crawford v. Marion County Election Board, in which the justices upheld a law requiring voters to present government-issued IDs. The lead opinion by Justice John Paul Stevens said the law was supported by the valid interest of protecting the electoral process.
Stevens said the plaintiffs had not met the heavy burden needed for a facial challenge to the voter ID law, but a shifting majority left open the door to an as-applied challenge.
According to UPI, “Given the court’s ruling in Crawford, the chances of success in a legal challenge to a national ID card are slim.”
