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US Supreme Court Backs Youngkin's Removal of Noncitizens from Voter Rolls

 October 31, 2024

In a pivotal decision, the U.S. Supreme Court granted Virginia Gov. Glenn Youngkin the authority to purge noncitizens from the state's voter rolls.

The 6-3 ruling on Wednesday permits the enforcement of Youngkin's prior executive order while the broader legal contest over voter roll integrity unfolds, as Breitbart reports.

The development followed a heated legal struggle, with Youngkin removing 6,303 noncitizens from voter lists from the start of his term in January 2022 through July 2024, based on longstanding state practices.

In response to this, Youngkin issued an executive order in August, aimed at further eliminating noncitizens in preparation for the November elections.

Executive Order Introduces Compliance Mechanism

Youngkin's order stipulated new procedures for identifying and removing noncitizens. This included a requirement for such individuals to receive letters warning them about the illegality of voting as noncitizens. These letters demanded proof of citizenship within two weeks to avoid being stricken from voter records.

Following the implementation of this directive, Virginia saw an additional 1,600 noncitizen names removed. Despite the actions aligning with state policies since 2006, they swiftly drew the attention of federal authorities.

The Department of Justice took legal action against Youngkin's policy, arguing it violated the National Voter Registration Act, particularly its stipulation against purging voter rolls within 90 days of an election. The DOJ raised concerns that some individuals classified as noncitizens might have acquired citizenship or mistakenly identified themselves on official documents.

DOJ Sues Alleging Election Law Violation, VA Defends Actions

Youngkin, along with Virginia Attorney General Jason Miyares, defended the removals as targeted and compliant with federal laws, disputing claims of systematic exclusion. Nonetheless, a federal district court judge ruled in favor of the DOJ, demanding the restoration of affected voters before Election Day.

The U.S. Court of Appeals for the Fourth Circuit upheld the district court's decision but recognized potential issues with the initial ruling. This nuanced acknowledgment suggested openings for further judicial review.

In response to these developments, Youngkin sought a stay from the U.S. Supreme Court, which drew support from prominent Republican figures, including former President Donald Trump and the Republican National Committee.

Chief Justice Review Paves Way for Ruling

Chief Justice John Roberts facilitated the review and distribution of legal documents related to Youngkin's request. This process culminated in the Supreme Court's narrow decision to issue a stay, marking a significant moment in the ongoing legal discourse over voter registration laws.

The decision saw opposition from the court's liberal justices -- Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson -- who favored a denial of the stay. This alignment illustrates the ongoing ideological divisions on the Court concerning voting rights and state election controls.

Former ambassador Ken Blackwell, a vocal advocate for election integrity, celebrated the ruling as a win for the rule of law. He commended both the Supreme Court for their decision and Governor Youngkin for his efforts to maintain the integrity of Virginia's electoral process.

Impact and Future Legal Pathways

The Supreme Court's decision allows Virginia's policy to remain operational while the appeals process continues through the Fourth Circuit. This means that until a final verdict is reached, the executive order will stay in force, with potential implications for future Supreme Court judgments on this pressing issue.

The broader debate over the removal of noncitizens is emblematic of ongoing national discussions about election security and voter rights. Proponents argue for stringent enforcement to ensure only eligible citizens participate in elections, while opponents caution against disenfranchising potential voters through inaccuracies or procedural hurdles.

As this case proceeds through the judicial system, stakeholders on both sides are likely to watch closely, with broader implications for how similar policies might be enacted or contested in other states. The resolution of this legal battle in Virginia could set a precedent for how states navigate the complexities of voter registration laws in the future.

Awaiting Further Judicial Examination

While the stay provides temporary relief for Youngkin's administration, the resolution of the case remains dependent on further judicial examination. The upcoming rulings from the Fourth Circuit and potentially the U.S. Supreme Court itself will be closely scrutinized by legal scholars, political analysts, and voters alike.

The case underscores the delicate balance between enforcing voter laws and safeguarding individual voting rights, a central theme in American democratic practices. As such, it continues to capture national attention, reflecting broader tensions and discussions surrounding election policies in the United States.