Categories: Politics

A US judge partially blocked Trump’s election integrity order from taking force. Is that legal?

Last month, a federal judge in Washington, D.C., blocked key parts of President Donald Trump’s executive order on election integrity – a move that underscores how deeply divided the country remains over what “election integrity” really means..

Though the executive order Trump signed was titled, “Preserving and Protecting the Integrity of American Elections,” the Democratic National Party (DNC), which led a group of plaintiffs in challenging the order in federal court, argued that it was an attempt to encroach on elections and disenfranchise voters. 

In the end, both sides won out – sort of, and at least for now.  Here’s what to know about the case in question:

TRUMP ASKS SCOTUS TO STRIP PROTECTED STATUS FOR HUNDREDS OF THOUSANDS OF VENEZUELAN MIGRANTS

President-elect Trump dancing at AmericaFest in Arizona following the election. (Rick Scuteri/Associated Press)

Why did the judge block a portion of the order?

U.S. District Judge Colleen Kollar-Kotelly ultimately left in place three key parts of Trump’s executive order, including a provision requiring states not to count mail-in ballots received after Election Day, in a partial victory for the Trump administration. 

But she sided with Democratic plaintiffs in blocking, for now, both a new proof-of-citizenship requirement for federal voter registration forms and a provision directing election officials to verify the citizenship of would-be voters.

Voters work on their ballots at a polling place at the Ronald Reagan Presidential Library on Election Day, Tuesday, Nov. 5, 2024, in Simi Valley, Calif.  (AP Photo/Chris Pizzello)

Does she have the authority to do so?

Unequivocally, yes. That’s exactly the problem modern presidents face when trying to make lasting policy changes through executive orders – a tactic increasingly favored by both Democrats and Republicans.

It’s a risky way to govern for two reasons. The first is that these orders can just as easily be overturned by the next commander-in-chief (as has been on display under the last four administrations). 

They also risk being halted in federal courts, where U.S. judges are explicitly tasked with serving as a check on the president, and are free to pause or halt such orders from taking force, should they determine they are outside the scope of the executive branch’s authorities. 

That also doesn’t mean that district courts need to have the final say on the matter.

TRUMP’S EXECUTIVE ORDER ON VOTING BLOCKED BY FEDERAL JUDGES AMID FLURRY OF LEGAL SETBACKS

The E. Barrett Prettyman United States Court House is seen early in the morning on Dec. 10, 2024, in Washington, D.C.  (David Ake/Getty Images)

Kollar-Kotelly stressed last month that voter registration laws and the ability to regulate elections are set by Congress and by individual states, not the executive branch.

Both states and Congress can pass laws so long as they do not “needlessly impose” an undue burden on voters under the 14th Amendment of the U.S. Constitution. 

But the executive branch, which does not share in these abilities to make and pass election-related laws, is not entitled to the same standard of legal review, according to the judge. 

“Our Constitution entrusts Congress and the States – not the President – with the authority to regulate federal elections,” Kollar-Kotelly said in her ruling.

JUDGES V TRUMP: HERE ARE THE KEY COURT BATTLES HALTING THE WHITE HOUSE AGENDA

Next steps

The Trump administration is, of course, free to appeal the decision to higher courts, should it choose to do so. 

“President Trump will keep fighting for election integrity, despite Democrat objections that reveal their disdain for commonsense safeguards like verifying citizenship,” White House spokesperson Harrison Fields said in response to the ruling last month.

CLICK HERE TO GET THE FOX NEWS APP 

But its next steps remain unclear. To date, the administration has not appealed the matter, and officials have not said definitively whether they plan to do so.

Share

Recent Posts

Researchers create revolutionary AI fabric that predicts road damage before it happens

Road crews may soon get a major assist from artificial intelligence. Researchers at Germany's Fraunhofer…

17 hours ago

Retirees lose millions to fake holiday charities as scammers exploit seasonal generosity

The holidays are supposed to be a season of generosity, family and giving back. For…

22 hours ago

National program helps seniors spot scams as losses surge

DENVER – Scams targeting older Americans are surging, and federal officials are warning that the…

1 day ago

How to spot and stop AI phishing scams

Artificial intelligence can do a lot for us. Need to draft an email? AI has…

2 days ago

Space startup unveils 1-hour orbital delivery system

A Los Angeles-based aerospace startup called Inversion Space has unveiled Arc, its first flagship spacecraft…

2 days ago

Don’t fall for fake settlement sites that steal your data

Sometimes, data breaches result in more than just free credit monitoring. Recently, Facebook began paying…

3 days ago