Quick Read

Donald Trump's executive order attempting to federalize mail-in ballot verification through DHS, SSA, and USPS faces immediate, multi-front legal challenges from civil rights groups and state attorneys general, asserting constitutional violations and presidential overreach.
Trump's executive order sought to federalize mail-in ballot verification via DHS, SSA, and USPS, creating a national voting database.
Multiple lawsuits from ACLU, League of Women Voters, and 21 state Attorneys General swiftly challenged the order as unconstitutional.
The legal strategy involves diverse plaintiffs and jurisdictions to counter presidential overreach and protect state election authority.

Summary

Donald Trump issued an executive order aimed at creating a federal voting database and interposing federal agencies like the Department of Homeland Security, Social Security Administration, and the US Postal Service between citizens and their mail-in ballots. This order mandates these agencies to create a voting database and potentially allow postal workers to determine mail-in ballot eligibility. Legal experts, including ACLU's Davin Rosboro, argue this executive order is unconstitutional, violating states' rights to run elections (Article One, 10th Amendment) and privacy laws (Privacy Act of 1978). Multiple lawsuits were swiftly filed by groups like the League of Women Voters, the ACLU, and a coalition of 21 Democratic Attorneys General across different federal courts, strategically addressing various types of harm and navigating legal precedents like the *CASA* case regarding universal injunctions. These legal challenges represent a coordinated effort to protect voting rights and prevent federal interference in state-managed elections.
This episode highlights a critical legal battle over the integrity of the electoral process and the balance of power between federal and state governments concerning elections. The executive order represents a direct attempt to undermine state control over voting procedures and potentially suppress mail-in ballots. The rapid and coordinated legal response from civil rights organizations and state attorneys general demonstrates the robust defense mechanisms in place to protect constitutional voting rights and prevent executive overreach, setting a precedent for future attempts to alter election administration.

Takeaways

  • Donald Trump's executive order aimed to establish a federal database for voter citizenship and grant federal agencies, including the USPS, authority over mail-in ballot eligibility.
  • The order is challenged as unconstitutional, violating Article One and the 10th Amendment which assign election administration to states and Congress, not the President.
  • Multiple lawsuits were filed by civil rights groups (ACLU, League of Women Voters, NAACP) and 21 Democratic Attorneys General, strategically targeting different types of harm and jurisdictions.

Insights

1Trump's Executive Order Federalizes Mail-in Ballot Verification

Donald Trump issued an executive order creating a 'suppressive contraption' involving the Department of Homeland Security, Social Security Administration, and the US Postal Service. This order aims to establish a federal voting database and empower postal workers to decide mail-in ballot eligibility, effectively taking control away from states.

The host describes the executive order creating a 'very suppressive contraption between the people and the ballot box consisting of the Department of Homeland Security, the Social Security Administration, and for good measure the US Postal Service, which apparently are going to on the fly create some sort of voting database to try to take it away from the states.'

2Executive Order Violates Constitutional Principles and State Rights

The executive order is challenged on multiple constitutional grounds, primarily violating Article One and the 10th Amendment, which grant states the right to run elections. It also raises concerns under the Privacy Act of 1978, as it proposes using Social Security information for citizenship tests related to voting without consent.

The host states, 'a little thing called the Constitution, Article One dealing with states having the right to run elections, including, of course, first among them, federal elections, but but other problems, including uh states rights under the 10th Amendment. You've got the Privacy Act of 1978.' Davin Rosboro adds, 'the constitution assigns the power to control the time the uh time place and manner of federal elections first to the states and then to Congress... What it doesn't do is assign responsibilities to make election law to the president or the executive.'

3Multi-Front Legal Challenge to Counter Presidential Overreach

Various groups, including the League of Women Voters, ACLU, and 21 Democratic Attorneys General, swiftly filed multiple lawsuits in different federal courts (Massachusetts, DC). This multi-pronged approach addresses different types of harm (to states, voters, and organizations), navigates the limitations of universal injunctions post-CASA, and leverages potentially favorable circuit case law.

The host details the filings: 'It was kicked off by the League of Women Voters and other voting rights groups led by the American Civil Liberties unions... first to file in a friendly race in Massachusetts... And then a couple of days later, the attorneys general, 21 of them, for the Democratic uh estates, filed also in Massachusetts... And then there's this whole group of of entities down in DC led by the NAACP.' Davin Rosboro explains, 'there's going to be more than one type of harm here... harms to the states themselves... harm to voters... and then you have the organizations themselves.' He also mentions the 'Kasa case' and different jurisdictions/circuit laws.

4ACLU's Voting Rights Project: A Constant Defense Against Suppression

The ACLU's Voting Rights Project, established in the 1960s after the Voting Rights Act of 1965, continuously litigates to ensure racial justice in voting, protect eligible voters' ability to cast and count ballots, and challenge discriminatory redistricting. Their work spans fighting documentary proof of citizenship laws, protecting mail-in voting during COVID, and combating voter suppression bills.

Davin Rosboro states, 'the ACLU's voting rights project actually goes back to the 60s... there has always been a work uh focus on racial justice within the project. there's always been a focus on making sure that all eligible voters are easily able to cast... their ballots and have them counted.' He cites examples like 'fighting off the first documentary proof of citizenship law in Kansas against Kris Kobach' and 'allowing people to vote safely and easily by mail during the COVID pandemic.'

Lessons

  • Understand that attempts to federalize election administration often face immediate legal challenges based on constitutional principles of states' rights.
  • Recognize the strategic importance of multiple, coordinated lawsuits across different jurisdictions and by diverse plaintiffs to address various harms and increase the likelihood of a broad injunction.
  • Support organizations like the ACLU's Voting Rights Project, which are dedicated to litigating against voter suppression and protecting electoral integrity year-round, not just during election cycles.

Notable Moments

Rapid filing of lawsuits against Trump's executive order.

Demonstrates the preparedness and swift response of civil rights organizations and state legal teams to defend voting rights and constitutional principles against perceived executive overreach.

Discussion of the 'portfolio approach' or 'risk allocation' in litigation.

Explains the strategic rationale behind filing multiple, sometimes overlapping, lawsuits in different courts, highlighting the complexity of high-stakes legal battles and the desire to secure favorable rulings.

Quotes

"

"The Constitution assigns the power to control the time, place, and manner of federal elections first to the states and then to Congress if Congress chooses to step in. What it doesn't do is assign responsibilities to make election law to the president or the executive."

Davin Rosboro
"

"The Trump administration has essentially taken the civil rights division of the justice department which was long been sort of the crown jewel of the DOJ in terms of enforcing civil rights, enforcing voting rights and they've instead not only abandoned that, they've weaponized it."

Davin Rosboro
"

"Constitutional warriors are standing by, you know, like fighter jet pilots ready to fly into court on a moment's notice that they're prepared."

Michael Popok

Q&A

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