As the new year approaches, Politico predicts more voter ID laws and more battles in 2012:

Even as the feds move to block South Carolina from requiring voters to show a photo ID, a handful of other states are set to ring in 2012 with new laws mandating that voters produce picture identification cards before they are permitted to cast ballots. Beginning on Jan. 1, new laws will take effect in Kansas, Rhode Island, Tennessee and Texas requiring residents present a certified government-issued ID if they want to vote, according to a list of new 2012 laws compiled by the National Conference of State Legislatures. 

Both the Supreme Court and the Carter-Baker Commission on Federal Election Reform tried to take the politics out of reasonable requirements for photo ID verification.  However, the Holder Department of Justice has now poisoned the well with racial politics, trying to use voter ID as a political issue to energize the political base of the Democratic Party. 

Holder’s abuse of the preclearance process under Section 5 of the Voting Rights Act (VRA) may very well backfire in both political and legal terms.  The issue has certainly galvanized conservative Republicans and some commentators believe that the voter ID fight may well serve as the vehicle for the Supreme Court ending the invasive nature of Section 5.  When something so reasonable as photo ID can become a special punching bag for race under Section 5, it may be time for a change.

Because the administrative review at DOJ has shown itself susceptible to politicization, another potential result is that the Supreme Court finds that Section 2 of the VRA would adequately serve as a less invasive protection for any racially discriminatory voting laws (i.e. witness the numerous eager plaintiffs in the Texas redistricting litigation).