A federal judge, appointed by former President Barack Obama, has permanently enjoined an executive order by President Donald Trump that sought to reinforce election integrity by requiring proof of American citizenship to vote in federal elections, among other reforms.
On Tuesday, Judge Denise Casper, appointed to the United States District Court for the District of Massachusetts by Obama in 2010, ruled that Trump’s executive order demanding that the Election Assistance Commission include a proof-of-American-citizenship requirement in its national mail voter registration form is unconstitutional.
“The Court DECLARES that §§ 2(a), 3(d), 4(a), 7(a) and 7(b) of the Executive Order are unconstitutional and void because they are ultra vires and violate the separation of powers under the United States Constitution,” Casper writes:
The Court PERMANENTLY ENJOINS Defendants, except President Trump, from taking any action to implement or enforce § 2(a) of the Executive Order or otherwise taking any steps to require documentary proof of citizenship as part of the federal mail-in voter registration form provided for in 52 U.S.C. § 20508.
The Court PERMANENTLY ENJOINS Defendants, except President Trump, from taking any action to implement or enforce § 3(d) of the Executive Order or otherwise taking any steps to alter the federal post card form provided for in 52 U.S.C. § 20301(b)(2) to require either documentary proof of citizenship or proof of eligibility to vote in elections in the State in which the voter is attempting to vote.
Among other claims, Casper writes that there is no evidence that Trump’s executive order is necessary because “widespread” fraud in American elections seemingly does not exist.
“On the other hand, there is no evidence in this record of widespread ‘illegal voting, discrimination, fraud, and other forms of malfeasance and error’ within American elections, which the Executive Order purports to safeguard against,” Casper writes.
Last year, Casper issued a preliminary injunction against Trump’s order, preventing the administration from carrying out proof of citizenship requirements in election systems.
The case is California v. Donald Trump, No. 25-cv-10810 in the U.S. District Court for the District of Massachusetts.
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com.