Civil liberties

Judge Rules Federal Noncitizen Voting Law 'Unconstitutional'

Is this a win for states' constitutional power or judicial overreach that guts election protection?

Published 21 hours ago

Judge Rules Federal Noncitizen Voting Law 'Unconstitutional'

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Above: Voting booths at Campos Plaza Community Center in Manhattan, New York, on April 2, 2024. Image credit: Barry Williams/New York Daily News/Tribune News Service/Getty Images

The Spin

Anti-Trump narrative

The Constitution hands states — not Congress — the power to decide who qualifies to vote, so a criminal charge built on a statute Congress had no authority to pass is no charge at all, no matter how unpopular the defendant. Florida already bans and punishes this conduct, so nothing is lost by keeping federal power inside its constitutional lane. However, the ruling is a setback for Trump's federal election-fraud push.

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Pro-Trump narrative

Striking down the federal ban on noncitizen voting is judicial overreach that guts protection of national elections. The same voices insisting noncitizen voting "never happens" cheer when the law against it gets tossed, even as indictments pile up. Citizenship should be verified before a ballot is cast, and federal elections deserve a uniform federal safeguard. Thankfully, President Trump's DOJ can appeal and SCOTUS can still step in.

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