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Judge Rules Federal Law Barring Noncitizens from Voting Unconstitutional
Confirmed
In Short: The Trump administration has been working to prevent noncitizens from voting, including through federal prosecutions and attempts to verify citizenship on state voter rolls.
In a 31-page ruling, U.S. District Judge David Leibowitz of the Southern District of Florida dismissed federal charges against Chelsea Cox, a noncitizen who voted in the 2020 presidential election.
Leibowitz ruled that the Constitution gives states, not Congress, the authority to determine voter qualifications in federal elections, effectively declaring a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 unconstitutional.
Vice President JD Vance and others have labeled Leibowitz an 'activist judge' for his ruling.
The Trump administration has been working to prevent noncitizens from voting, including through federal prosecutions and attempts to verify citizenship on state voter rolls.
Spakovsky contended that the Constitution grants Congress the authority to ban noncitizens from voting or participating in the democratic process.
President Donald Trump's efforts to ensure election integrity have been driven by his belief that the 2020 election was 'stolen,' an unproven claim.
The ruling comes amid ongoing legal battles over voting rights and citizenship verification.
Newt Gingrich suggested that Congress should take action to address what he sees as out-of-control district judges.
However, a judge noted that Congress had already considered such restrictions and decided against them.
What's confirmed
- In a 31-page ruling, U.S. District Judge David Leibowitz of the Southern District of Florida dismissed federal charges against Chelsea Cox, a noncitizen who voted in the 2020 presidential election.
- Leibowitz ruled that the Constitution gives states, not Congress, the authority to determine voter qualifications in federal elections, effectively declaring a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 unconstitutional.
- Vice President JD Vance and others have labeled Leibowitz an 'activist judge' for his ruling.
- The Trump administration has been working to prevent noncitizens from voting, including through federal prosecutions and attempts to verify citizenship on state voter rolls.
- Spakovsky contended that the Constitution grants Congress the authority to ban noncitizens from voting or participating in the democratic process.
- President Donald Trump's efforts to ensure election integrity have been driven by his belief that the 2020 election was 'stolen,' an unproven claim.
- The ruling comes amid ongoing legal battles over voting rights and citizenship verification.
- Newt Gingrich suggested that Congress should take action to address what he sees as out-of-control district judges.
- However, a judge noted that Congress had already considered such restrictions and decided against them.
What's still developing
- Leibowitz said the statute at issue was not designed to regulate election procedures or prevent fraud but instead created a federal voter qualification by determining who could vote.
- Mike Lee, R-Utah, who is co-author of the Safeguard American Voter Eligibility (SAVE) Act, which is being stalled in the Senate and unlikely to be passed before the midterm elections.
- "But it gives the game away: Democrats pretend we don’t need the SAVE Act because non-citizen voting is already illegal… while activist judges try to destroy laws banning non-citizens from voting!" Hans von Spakovsky, a senior legal fellow with Advancing American Freedom, agreed that Leibowitz's ruling will most likely be "squashed" by the 11th Circuit Court of Appeals.
- FEC, a 2011 decision written by Judge Brett Kavanaugh and later summarily affirmed by the Supreme Court, which upheld restrictions on foreign nationals' campaign spending.
- CHAMBERSBURG – With so many district court judges blocking President Donald Trump’s executive orders, a number of people are wondering what can be done.
- Another Maryland federal judge yesterday ordered a man that’s been deported to El Salvador to be immediately returned.
- DOJ is saying they’re now taking that immediately to the Supreme Court and then on DEI, three separate federal judges yesterday, one in DC, one in Maryland, one in New Hampshire, all ruled that this executive order was illegal, and of course, there’s these nationwide moratoriums tying that into what Newt said.
- My guess, by the way, is Congress is holding off on that, because the Supreme Court, remember, they’re hearing a case in about two weeks that might ban nationwide moratoriums by district judges.
- Judge Landya McCafferty said how this nation is deeply committed to safeguarding academic freedom and the right to speak freely and promote diversity of ideas and programs.
- I spoke with intern Michael, and noted to intern Michael that I was in Congressman Joyce’s 13th congressional district and our radio signal touches West Virginia, Maryland and Pennsylvania.” Newt Gingrich yesterday said, “There’s a great question from Incognito, who asked why Congress isn’t doing more to deal with these district judges who seem so out of control.
- I can talk about that because I actually testified at a judiciary committee hearing in the House just about a week ago, talking about the need to restrict district courts to local district decisions and not allow district judges to make nationwide decisions that could affect everybody, as though they were an alternative president.
- "This insane ruling will certainly be overturned," Lee wrote on X.