The ACLU is suing the Bureau of Motor Vehicles seeking to enjoin the Bureau from unilaterally revoking licenses that don’t match information in a database maintained by the federal government’s Social Security Administration. Many of the mismatches occurred because of typographical errors and name-changes following marriage. There are apparently about 206,000 mismatches.
The ACLU’s suit asks that no licenses be suspended without hearings. I haven’t read the suit, but this seems to be a due process question to me. Specifically, how much process is due before the Bureau revokes a license? The BMV probably wants to run a mass computer check, spit out letters whenever the BMV database doesn’t exactly match the SSA database, and revoke the license in a certain number of days if the citizen doesn’t take it upon him or herself to resolve the mismatch between the two government bureaucracies. To me, it seems that if the Bureau wants to take a citizen’s right away, it bears the burden of proving to an impartial third party — presumably a court or at least an Administrative Law Judge — that the discrepancy is more than superficial. That, of course, requires more effort on the part of the BMV. But, the burden exists either way. I don’t think the BMV should be allowed to shift that burden to the citizens just because doing otherwise is a hassle; particularly where, as here, a valid license is a prerequisite to exercising one’s right to vote.