In a last-minute move to protect against illegal voting ahead of the midterms, Obama-appointed U.S. District Chief Judge James E. Boasberg has ordered the Department of Justice and Department of Homeland Security to identify every state that has received federal demands to remove alleged non-citizens from the voter rolls, withhold mail ballots, or segregate those ballots rather than count them.
The order, issued after a Thursday hearing in the U.S. District Court for the District of Columbia, requires the Trump administration to deliver the complete list to the plaintiffs by noon on Friday, October 30, MS NOW reported.
According to Roll Call, Boasberg ordered federal officials to disclose which states, beyond California and Washington, have received demands involving suspected noncitizen voters.
Boasberg, long criticized by President Trump and allies as a “Radical Left Lunatic of a Judge,” declined to immediately block further letters but signaled he will rule by Monday, November 2, one day before Election Day, on the Democrat request for a broader injunction.
The lawsuit was filed October 20 by Senate Minority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries, the Nevada Democratic Party, the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, and the Democratic Governors Association.
Defendants include President Donald Trump, Attorney General Todd Blanche, DHS Secretary Markwayne Mullin, and the respective departments.
Plaintiffs argue the letters violate the Constitution’s Elections Clause and the anti-commandeering doctrine by coercing states. The administration maintains the letters simply notify states of potential violations of federal law barring non-citizens from voting in federal elections and do not force action absent a court order. Boasberg noted the government could end the case by stating it will send no further such letters before the election.
