A federal judge in Massachusetts permanently blocked major parts of President Donald Trump's election executive order, and as the Associated Press reported, this dealt yet another legal setback to the administration's push for stricter federal election rules.
The ruling by U.S. District Court Judge Denise Casper in Boston effectively converts a preliminary injunction she issued a year ago, in which she temporarily blocked many of Trump’s efforts to overhaul elections, into a permanent ban.
Casper rejected the Republican administration’s argument that the lawsuit to block the changes brought by Democratic state attorneys general was premature because the rules had yet to be put in place. Instead, she agreed that the Constitution gives states and Congress the authority to regulate elections, and that Trump’s requirements violated the separation of powers.
The Constitution “does not grant the President any specific powers over elections,” wrote Casper, who was nominated by former Democratic President Barack Obama.
U.S. District Judge Denise Casper, who serves on the U.S. District Court for the District of Massachusetts, blocked provisions that would've required documentary proof of U.S. citizenship for federal voter registration.
The ruling made permanent an earlier injunction and found that the order exceeded presidential authority by moving into election powers reserved for Congress and the states.
Trump signed the order in March as part of a broader election-integrity push. The measure directed federal action on citizenship verification, voter list maintenance, mail-in ballot rules, and other election procedures.
The right to vote in Federal elections is reserved exclusively for citizens of the United States under the Constitution and Federal law. Federal statutes explicitly prohibit non-citizens from registering to vote or voting in Federal elections and impose criminal penalties for violations. (18 U.S.C. 241; 18 U.S.C. 611; 18 U.S.C. 1015; and 52 U.S.C. 20511). The Social Security Administration (SSA) maintains records that, in conjunction with the Department of Homeland Security’s (DHS) Systematic Alien Verification for Entitlements (SAVE) program under 42 U.S.C. 1320b-7, can assist in verifying identity and Federal election voter eligibility.
The Federal Government has an unavoidable duty under Article II of the Constitution of the United States to enforce Federal law, which includes preventing violations of Federal criminal law and maintaining public confidence in election outcomes. To enhance election integrity via the United States Mail, additional measures are necessary. Secure ballot envelope identifiers provide a reliable, auditable mechanism to enforce Federal law without unduly burdening or infringing on the rights of eligible voters. Unique ballot envelope identifiers, such as bar codes, enable confirmation that only citizens receive and cast ballots, reducing the risk of fraud and protecting the integrity of Federal elections.
Supporters framed the order as a needed step to protect federal elections from noncitizen voting and weak registration systems, while opponents argued that the president couldn't impose such rules by executive order.
The ruling sided with Democratic-led states and voting-rights groups that challenged the order. The decision said the Constitution gives states the power to run elections, while Congress has the authority to regulate federal election procedures. The court found that the president was unable to add documentary proof-of-citizenship requirements to the federal registration process without action from Congress.
California Attorney General Rob Bonta and New York Attorney General Letitia James praised the ruling and argued that Trump's order would have created unlawful barriers for eligible voters. From the Associated Press:
California Attorney General Rob Bonta, whose state was the lead plaintiff in the case, said the ruling reaffirmed the constitutional principle that it’s up to the states and Congress to set election rules.
“While we are proud of this result, we are clear-eyed that President Trump’s attacks on voting rights and our elections show no signs of slowing down,” Bonta, a Democrat, said in a statement. “So let me be clear: we will keep fighting back every step of the way.”
In a statement, a White House spokeswoman said the Republican president wants to ensure that Americans are confident in the way elections are administered. The administration can appeal Wednesday’s ruling if it chooses.
“The President’s executive order lawfully protects our elections, and we are confident that we will ultimately prevail in its implementation,” spokeswoman Abigail Jackson said.
Their offices were part of the legal challenge against the administration's policy.
The White House criticized the ruling. White House Deputy Chief of Staff Stephen Miller warned that lower-court judges were moving into dangerous territory by blocking core parts of the president's agenda. The administration is expected to keep defending the order though the courts while pressing Congress to act on related election legislation.
The fight now overlaps with the SAVE Act, the bill that would amend the National Voter Registration Act of 1993 to require documentary proof of U.S. citizenship to register to vote in federal elections.
The House passed the bill, but the measure faces a much harder path in the Senate.
Federal law already bars noncitizens from voting in federal elections. The dispute centers on whether states and the federal government can require proof of citizenship at registration, rather than relying on existing checks and penalties after violations occur.
While supporters say proof up front would strengthen confidence in election systems, critics say the requirement could block eligible voters who lack easy access to documents such as birth certificates, passports, or naturalization papers.
I wonder if those critics have friends who have jobs in the U.S.. If so, let's ask if those friends could explain the I-9 form they filled out.
The ruling leaves Trump's election order partly blocked while the broader fight continues in Congress and likely in appellate work. Senate Majority Leader John Thune (R-S.D.) faces pressure from Trump and election-integrity advocates to move the SAVE America Act, but the bill would need to overcome Democratic opposition and the Senate's 60-vote threshold.
If you value independent conservative coverage, support PJ Media VIP. Use promo code FIGHT to unlock 60% off! Use promo code FIGHT to unlock the current discount.
Join the conversation as a VIP Member