Trump Judge Gives Shock Green Light to His Voting Power Grab
Democrats had argued that Trump’s order was unconstitutional.
A federal judge has refused to block a presidential decree signed by Donald Trump targeting his main enemy: mail-in voting.
U.S. District Judge Carl Nichols, a federalist appointed by Trump in June 2018, ruled that Democrats’ hopes of blocking the plan—which would create a federal registry of registered voters and require the U.S. Postal Service to send ballots only to those individuals—were premature.
“Given that the Executive Order does not command Plaintiffs to do anything, and that no agency has yet acted pursuant to the Order in a way that could harm Plaintiffs, they have not suffered any harm at present,” wrote Nichols.
Democrats had argued that the decree was unconstitutional because it violated states’ right to hold elections.
Trump has long waged a fierce battle against mail-in voting, even spreading a now-refuted allegation that this method of voting led to widespread voter fraud in the 2020 election.
Yet Trump himself voted by mail in a Florida special election in March, in a district that included his Mar-a-Lago estate. Democrat Emily Gregory pulled off a surprise victory, defeating Republican John Maples.
Judge Nichols stated that the Democrats behind the lawsuit, including Senate Minority Leader Chuck Schumer, could file a new injunction request once federal agencies begin enforcing the executive order.
This move by Trump comes as the president and the Republican Party seek to capitalize on any opportunity before the November midterm elections, where Republicans are expected to suffer heavy losses.
Traditionally, Democratic voters favor mail-in voting, while Republicans tend to vote in person on Election Day.
On May 31, Trump signed an executive order, which he claimed would “enhance election integrity” via the U.S. Mail.
This order requires the Department of Homeland Security to create “gender-based lists” at the state level using federal citizenship and naturalization records, Social Security records, and other federal databases.
These lists will be used by state election officials to verify voter registration and determine eligibility to vote. The U.S. Postal Service will only be authorized to deliver ballots to registered voters.
Heather Williams, chair of the Democratic Legislative Campaign Committee, called Trump’s measure “vote suppression” and “desperate move by Trump to steal the next election.”
“This is a blatant attempt by the president to undermine states’ control over election administration for his own benefit—which is a direct attack on the Constitution and our democracy,” she said.
Nicholls had previously questioned the possibility of blocking the executive order even before knowing “how DHS is going to compile the list.”
“We don’t know, sitting here today, whether any of these steps are going to take place,” Nicholls said during a hearing on May 14, according to Roll Call.
