Judge Denise Casper Permanently Bars Trump Administration From Proof Of Citizenship Voting Rule

A federal judge in Boston permanently barred President Donald Trump’s administration from implementing most of his first executive order on elections, converting a preliminary injunction into a permanent ban.

“Federal judge bars Trump from implementing proof of citizenship requirement to vote A federal judge on Wednesday permanently barred President Donald Trump’s administration from implementing most of his first executive order on elections, part of which sought to require people to show documentary proof of citizenship when they register to vote”

Associated Press

U.S. District Court Judge Denise Casper ruled that the Constitution gives states and Congress—not the President—authority over voting rules and election administration, and she wrote, “The Constitution does not grant the President any specific powers over elections.”

Associated Press

The ruling blocks the administration from requiring people to provide documentary proof of citizenship when registering to vote, and it also prevents mail ballots from being counted if they arrive after Election Day even if postmarked on time.

Casper’s decision also rejected the administration’s argument that the lawsuit was premature because the rules had not yet been implemented, agreeing instead that the executive order violated the separation of powers.

The Hill said Casper ruled in favor of 19 states that filed the lawsuit, and it described her reasoning that Trump was overstepping his authority by attempting to overhaul states’ administration of federal elections.

California Attorney General Rob Bonta said in a statement, “Today, a federal district court ruled that every provision we challenged in the Executive Order is unlawful.”

Benzinga France

The Hill also reported that Casper cited the Constitution’s Elections Clause, which grants states the primary authority to decide how electors are chosen, and it said Trump’s order aimed to withhold federal funding from states that counted properly postmarked mail-in ballots received after Election Day.

In a statement, New York Attorney General Letitia James said she was grateful the court had blocked Trump’s “unconstitutional attempt to seize control of our elections” and vowed to continue defending voting rights in this year’s midterm elections.

Facing legal obstacles to executive action, Trump shifted strategy by pushing legislation in the Republican-controlled Congress to create a citizenship proof mandate through the SAVE America Act, which has passed the House but stalled in the Senate.

The Hill reported that Trump abruptly canceled the expected signing of a bipartisan housing bill, saying he won’t sign legislation until Congress passes his proof-of-citizenship requirement for voting, and it said the Supreme Court is poised to issue an opinion soon on whether mail ballots must arrive by Election Day.

Benzinga France said Trump threatened to sign an executive order demanding proof of citizenship and a voter ID for federal elections if the Senate did not pass the SAVE Act, adding, “There will be a voter ID for the midterm elections, whether Congress approves it or not!”

The Hill further noted that the Supreme Court ruling could immediately change the rules in 14 states that allow grace periods ranging from days to weeks if ballots are postmarked by Election Day, while the SAVE America Act would require documentary proof of citizenship when registering to vote and would withhold federal money from states that don’t comply with the changes.