In a recent ruling, U.S. District Judge Denise J. Casper, an appointee of former President Obama, has issued a preliminary injunction that effectively blocks key elements of President Trump's executive order designed to bolster the security of federal elections by mandating proof of U.S. citizenship for voting.
The executive order, officially known as Executive Order No. 14248, was conceived as a safeguard against potential vulnerabilities in the U.S. voter registration system. The current system permits individuals to vote in federal elections based solely on a signed statement affirming their citizenship, without the need for any additional identification such as a passport or birth certificate.
However, Judge Casper, aligning herself with liberal Attorneys General from 14 Democrat-led states, deemed Trump's pragmatic order as "likely unlawful and unconstitutional."
The injunction now prohibits the enforcement of the order's five most crucial provisions. These include the requirement for proof of citizenship for federal voter registration, military voting protections, verification at public assistance agencies, enforcement measures, and election day deadline incentives.
According to Gateway Pundit, this ruling by Judge Casper essentially gives a free pass to non-citizens to exploit the loopholes in America's voter registration laws, while simultaneously hamstringing states and agencies attempting to enforce basic accountability.
The plaintiffs in this case include liberal bastions such as California, Massachusetts, New York, and Illinois. These states have consistently resisted election reform and have even extended voting privileges to non-citizens in local elections. With the backing of the federal judiciary, they are now attempting to implement these same controversial policies at the national level.
As reported by CBS News, Judge Casper is the second judge to obstruct the Trump administration from implementing provisions of the executive order, which was designed to revamp U.S. elections. A federal judge in Washington, D.C., concurred in April to issue a preliminary injunction in a series of cases brought by voting rights groups and the Democratic Party.
Judge Casper's decision prevents the Trump administration from implementing five sections of the executive order. This includes a provision that mandates the Election Assistance Commission, a federal independent regulatory commission, to require documentary proof of citizenship in the standardized national voter registration form and mandates that states record information about the documents presented by voters.
Judge Casper argued that the executive order's instruction for the EAC to add a documentary proof of citizenship requirement to the federal voter registration form "conflicts with the will of Congress, rendering the president's power 'at its lowest ebb.'" She further noted that because the president does not have a constitutional duty to direct the content of election regulations, the executive order's mandate to the EAC is "undue interference."
The ruling also halts the Trump administration from implementing Mr. Trumps directive for the secretary of defense to update a federal application for absentee voting for members of the military and overseas voters to require documentary proof of citizenship and proof of eligibility to vote in federal elections held in their states.
This decision raises questions about the balance of power between the executive and legislative branches, and the role of the judiciary in arbitrating such disputes. It also underscores the ongoing debate about election integrity and the extent to which measures should be taken to ensure the legitimacy of voters.
The ruling by Judge Casper, while celebrated by some, is seen by others as a setback for those advocating for stricter voter identification laws and election security.
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