Jackson Dissents as Supreme Court Allows New Hampshire to Block Student IDs for Voting
Justice Ketanji Brown Jackson was the sole public dissenter in a Supreme Court decision permitting New Hampshire to disallow student identification cards as valid voter identification in the upcoming midterm elections.
Supreme Court Justice Ketanji Brown Jackson publicly dissented Thursday in a decision allowing New Hampshire to prohibit the use of student ID cards for voter identification in the upcoming midterm elections. The majority of justices cited a long-standing precedent that federal courts should generally not alter election rules close to an election.
Jackson, however, argued that the proximity to an election should not prevent the proper application of law. "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," she wrote in her dissent.
The underlying dispute began when New Hampshire enacted a law in April, effective in June, that removed student ID cards from the list of acceptable forms of identification for requesting a ballot. A voting rights group subsequently sued, contending the law discriminated against young voters.
New Hampshire Secretary of State David Scanlan issued guidance stating student IDs could not be used, even as supporting evidence under alternative verification procedures. A district judge blocked this guidance, ruling it exceeded the law's scope, which only removed student IDs from the expressly accepted list.
While Jackson was the only public dissenter, it is possible other justices privately disagreed but did not join a named dissent. During her tenure on the Supreme Court, Jackson has on occasion dissented from the majority on issues including campaign finance, immigration, and congressional map litigation.
In 2023, she was the sole dissenter in an 8-1 ruling concerning a concrete company suing striking union workers. She also dissented alone in a May 2026 decision related to federal prisoners challenging convictions through compassionate release.
The case has implications for New Hampshire, which faces several close races in the midterm elections. The state's Senate race is rated as leans Democratic, while its gubernatorial race is considered likely to go to the Republican Party. College students, who typically lean Democratic, may be affected if they previously relied on student IDs and now need alternative identification.
Some Democrats, like Texas Senate nominee James Talarico, have advocated for allowing student IDs to be used as valid voter identification.