U.S. District Court Judge Denise Casper permanently blocked most of the Trump administration election rule lawsuit in Boston, including the proof-of-citizenship voting requirement in President Donald Trump’s first executive order on elections. The ruling turns a preliminary injunction issued a year ago into a permanent bar.
Boston ruling on Trump’s order
Casper said the Constitution “does not grant the President any specific powers over elections” as she kept in place the block on the election order. The lawsuit was brought by Democratic state attorneys general, and the decision leaves most of the challenged provisions unenforceable.
Trump’s first executive order on elections would have required documentary proof of citizenship when people registered to vote, prevented mail ballots from being counted if they arrived after Election Day even if they were postmarked by then, and punished states that failed to comply by withholding certain federal money.
Letitia James on voting rights
New York Attorney General Letitia James said she was grateful the court had blocked Trump’s “unconstitutional attempt to seize control of our elections.” She also said, “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 she would continue to defend voting rights in this year’s midterm elections, keeping the case tied to a wider fight over election rules. The ruling also comes after last fall’s separate order in Washington, D.C., where a federal judge blocked steps to include the proof-of-citizenship requirement on the federal voter registration form and later barred the Secretary of Defense from requiring documentary proof of citizenship for military personnel registering to vote or requesting ballots.
SAVE America Act in Congress
Trump signed the first executive order on elections just months after taking office for his second term, and he has since signed a second executive order on elections seeking a national voter list and limits on mail balloting. That second order faces multiple legal challenges, while Trump is also pushing the SAVE America Act in Congress to create a proof-of-citizenship mandate.
The SAVE America Act has passed the House but has stalled in the Senate, and Trump is advocating for eliminating the filibuster that is blocking the legislation. For voters and states, the practical result of Casper’s ruling is that the proof-of-citizenship requirement and the other blocked provisions cannot be put into effect under the first order unless a higher court changes the ruling or Congress acts on the separate bill.
