Judge Blocks Trump From Requiring Proof of Citizenship to Register to Vote

[Elderberry]

Legal Insurrection by Mary Chastain 6/24/2026

The judge wrote that Congress holds election power, not the Executive branch.

Judge Denise Casper of the U.S. District Court for the District of Massachusetts blocked key provisions in President Donald Trump’s executive order, Preserving and Protecting the Integrity of American Elections, that would have required proof of citizenship to register to vote.

The attorney generals from the states of California, Nevada, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Rhode Island, Vermont and Wisconsin challenged § 2(a), 2(d), 3(d), 4(a), 7(a) and 7(b) of the order, claiming them as ultra vires (beyond the powers) and violations of the separation of powers.

Casper wrote that Congress holds election power, not the Executive branch:

    While the Constitution vests the President with “executive Power” and commands him to “take Care that the Laws be faithfully executed,” U.S. Const. art. II, §§ 1, 3, it does not grant the President any specific powers over elections. As a result, the President “plays no direct role in the process” of appointing electors, “nor does he have authority to control the state officials who do.” Trump v. United States, 603 U.S. 593, 627 (2024). As the Supreme Court has noted, “the President’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.” Medellín v. Texas, 552 U.S. 491, 526-27 (2008) (quoting Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 587 (1952)).

Casper is correct. The power to make adjustments or laws regarding voting belongs to Congress.

The Executive Branch cannot force states to require citizenship when a person registers to vote.

More: https://legalinsurrection.com/2026/06/judge-blocks-trump-from-requiring-proof-of-citizenship-to-register-to-vote/

[IsailedawayfromFR]

So in summary:

An unelected judge says that she controls the elections of federal politicians.

Where are all the Dems who have been trumpeting the democratic process in this country?

[andy58-in-nh]

So in summary:

An unelected judge says that she controls the elections of federal politicians.

Where are all the Dems who have been trumpeting the democratic process in this country?

In this (rare) case, the judge was correct. The President does not have the authority to mandate voter requirements, via Executive Order.

However: Congress does have that authority.

John Thune just won't allow a vote on the Save Act bill that would require proof of citizenship.

Alternatively, the Justice Department might bring suit against a state (or states) that allow non-citizens to vote, on Constitutional grounds (primarily, Article IV Section II and the 14th Amendment, Section 1, both involving the "privileges and immunities" of U.S. citizenship).  Even so, the USSC might well point back to Amendment 14, Section 5, which says that Congress has the power to enforce the rights of citizens through appropriate legislation.

In the end, it is most likely going to be up to Congress to act. 

[DCPatriot]

In this (rare) case, the judge was correct. The President does not have the authority to mandate voter requirements, via Executive Order.

However: Congress does have that authority.

John Thune just won't allow a vote on the Save Act bill that would require proof of citizenship.

Alternatively, the Justice Department might bring suit against a state (or states) that allow non-citizens to vote, on Constitutional grounds (primarily, Article IV Section II and the 14th Amendment, Section 1, both involving the "privileges and immunities" of U.S. citizenship).  Even so, the USSC might well point back to Amendment 14, Section 5, which says that Congress has the power to enforce the rights of citizens through appropriate legislation.

In the end, it is most likely going to be up to Congress to act.

I'm old and tired...sick and tired.

Explain to me like I'm 5yrs old why a Republican would purposefully work to defeat the SAVE Act.

BTW...Maryland has a "Nationally Accepted" photo ID on its drivers' licenses...but I'd guess at least half the Hispanic population in Maryland with said licenses are NOT citizens.

[andy58-in-nh]

I'm old and tired...sick and tired.

Explain to me like I'm 5yrs old why a Republican would purposefully work to defeat the SAVE Act.

BTW...Maryland has a "Nationally Accepted" photo ID on its drivers' licenses...but I'd guess at least half the Hispanic population in Maryland with said licenses are NOT citizens.

One can only guess, but it's largely about personal grudges and electoral calculus:

South Dakota (John Thune) - He's not a Trump fan. South Dakota’s agricultural and manufacturing sectors rely heavily on immigrant labor, with undocumented workers estimated to make up roughly 40% to 45% of the state's agricultural workforce.

Alaska (Lisa Murkowski) - She is legendarily corrupt, and hates Trump. Undocumented immigrants and foreign-born workers make up a small but vital portion of Alaska's economy, representing roughly 1 in 9 employed workers statewide.

Maine (Susan Collins) - Fighting for her political life in a largely Blue state.

North Carolina (Thom Tillis) - Vindictive, and hates Trump. Also, North Carolina's undocumented workforce comprises roughly 293,000 individuals, making up about 5% of the state's total labor pool.

For its part, Maryland's economy is dominated by unionized government employees, and you know where they stand.

[Hoodat]

The judge wrote that Congress she holds election power, not the Executive branch.

There, fixed it.

[catfish1957]

Communism has never been more popular in this country than now......

Which is an abomination, and affront to every brave warrior who died fighting this scourge between 1945-1989.  94K died in Vietnam and Korea. 
And think.....  it might end up being an inside job.

[IsailedawayfromFR]

Another lawless ruling.  The trend I am seeing is that judges who were either not born here or have parents that were not born here are making a lot of these rulings that target election integrity.

US Judge Blocks Trump’s Mail-In Voting Executive Order
A federal judge in Boston on Thursday blocked implementation of U.S. President Donald Trump’s executive order aiming to tighten rules ‌for mail-in voting, preventing it from taking effect ahead of November elections that will decide control of Congress.

U.S. District Judge Indira Talwani sided with a coalition of Democrat-led states that argued that the Republican president is trying to unlawfully interfere with the states’ administration of federal elections.

“The Constitution does not grant the President any specific powers over elections,” Talwani wrote.

The judge, who was appointed by Democrat President Barack Obama, concluded that Trump’s order violated the U.S. Constitution and the Republican president had exceeded his authority in trying to overhaul procedures for elections, which, since the republic’s founding in 1789, have been run by states and local governments.

She said the president lacked any authority to compile voter lists for each state and that USPS lacked any statutory authorization to adopt any binding regulations on mail-in voting.

The White House did not immediately respond to a request for comment.

Trump’s order directed the U.S. Department of Homeland Security to compile and transmit to the states a list of confirmed U.S. citizens eligible to vote in each state, derived from citizenship and naturalization records and other federal databases.

Talwani, in siding with a group of 23 states and the District of Columbia that had sued over Trump’s order, said any list DHS compiled of citizens would necessarily be incomplete due to privacy restrictions governing the sharing of sensitive personal data collected by government agencies.  https://www.dailysignal.com/2026/06/25/us-judge-blocks-trumps-mail-in-voting-executive-order/

[Bigun]

I'm pretty darned sure that SCOTUS has already told these nitwits that they lack any authority to issue nationwide opinions.

[Bigun]

Communism has never been more popular in this country than now......

Which is an abomination, and affront to every brave warrior who died fighting this scourge between 1945-1989.  94K died in Vietnam and Korea. 
And think.....  it might end up being an inside job.

 

[Hoodat]

Communism has never been more popular in this country than now......

Which is an abomination, and affront to every brave warrior who died fighting this scourge between 1945-1989.  94K died in Vietnam and Korea. 
And think.....  it might end up being an inside job.