A federal judge on Wednesday permanently barred the Trump administration from enforcing most of its first executive order on elections, which sought to require proof of citizenship when registering to vote.
U.S. District Court Judge Denise Casper in Boston converted a preliminary injunction she issued a year ago into a permanent ban. The administration had argued that the lawsuit, brought by Democratic state attorneys general, was premature because the policies had not yet been fully implemented.
Casper rejected that reasoning, ruling that the Constitution gives both the states and Congress authority to regulate elections and that the administration’s requirements violated the separation of powers.
The Constitution “does not grant the President any specific powers over elections,” Casper wrote in her decision.
If implemented, the executive order would have introduced several major changes to election procedures. Along with the citizenship documentation mandate, the order sought to prevent mail-in ballots from being counted if they arrived after Election Day, even if they were postmarked by that date. It also included provisions to withhold certain federal funds from states that failed to comply with the new rules.
In a statement responding to the ruling, New York Attorney General Letitia James said she was grateful the court blocked what she termed an “unconstitutional attempt to seize control of our elections” and stated she would continue to defend voting rights in the upcoming midterm elections.
“Generations of Americans fought tirelessly for the right to vote, and we honor their legacy by protecting that right against anyone who tries to undermine it,” James said.
The decision is the latest in a series of rulings against the election directive Trump signed months after taking office for his second term. The administration has since issued a second executive order on elections, which aims to establish a national voter list and to limit mail-balloting. That directive is also facing multiple legal challenges.
Other courts have previously restricted parts of the initial order. Last fall, a federal judge in Washington, D.C., hearing a separate challenge by civil rights and Democratic Party-aligned groups, blocked the government from adding the proof-of-citizenship requirement to the federal voter registration form. That judge later barred the Secretary of Defense from requiring citizenship documentation when military personnel register to vote or request ballots.
As executive actions face hurdles in court, Trump has been advocating for legislative solutions through the Republican-controlled Congress. The SAVE America Act, which would establish a citizenship mandate, passed the House but has stalled in the Senate. Trump has publicly supported eliminating the Senate filibuster to allow the legislation to advance.
On Wednesday, Trump canceled the scheduled signing of a bipartisan housing bill, stating that he will not sign new legislation until Congress passes the proof-of-citizenship requirement for voting.
Separately, the U.S. Supreme Court is expected to issue an opinion soon regarding whether mail-in ballots must arrive by Election Day to be valid. A ruling on that matter could immediately alter voting rules in 14 states that currently allow grace periods for ballots postmarked by Election Day.
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