If at first you don't succeed...
Commonwealth Court Judge Robert K. Simpson was inexplicably optimistic when he ruled several weeks ago that Pennsylvania's voter identification law would not strip any valid voters of their constitutional right to vote.
But fortunately, a 4-2 majority of the state Supreme Court isn't so sure. Tuesday, it vacated Judge Simpson's decision and ordered him to try again.
Judge Simpson based his cheery assessment on the Corbett administration's promise to provide identification, through the Department of State, to any Pennsylvanians who were unable to get one through PennDOT - which has no offices in nine counties and a wide array of hours in most other counties.
The Supreme Court wants Judge Simpson to either find conclusively by Oct. 2 that voters won't be disenfranchised or to issue an injunction against implementation of the law.
Meanwhile, the justices included a statement on the quality of the law-making involved here: "We find that the disconnect between what the law prescribes and how it is being implemented has created a number of conceptual difficulties in addressing the legal issues raised."
Rather than forcing the courts to deal with the law, lawmakers should do the right thing and repeal it now.