A Us Judge Partially Blocked Trump's Election Integrity Order From Taking Force. Is That Legal?

Last month, a national judge successful Washington, D.C., blocked cardinal parts of President Donald Trump’s executive bid connected predetermination integrity – a move that underscores really profoundly divided nan state remains complete what "election integrity" really means..

Though nan executive bid Trump signed was titled, "Preserving and Protecting nan Integrity of American Elections," nan Democratic National Party (DNC), which led a group of plaintiffs successful challenging nan bid successful national court, based on that it was an effort to encroach connected elections and disenfranchise voters. 

In nan end, some sides won retired – benignant of, and astatine slightest for now.  Here's what to cognize astir nan lawsuit successful question:

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

President-elect Trump dancing astatine AmericaFest successful Arizona pursuing nan election. (Rick Scuteri/Associated Press)

Why did nan judge artifact a information of nan order?

U.S. District Judge Colleen Kollar-Kotelly yet left successful place 3 cardinal parts of Trump's executive order, including a proviso requiring states not to count mail-in ballots received aft Election Day, successful a partial triumph for nan Trump administration. 

But she sided pinch Democratic plaintiffs successful blocking, for now, some a caller proof-of-citizenship request for national elector registration forms and a proviso directing predetermination officials to verify nan citizenship of would-be voters.

Voters activity connected their ballots astatine a polling spot astatine nan Ronald Reagan Presidential Library connected Election Day, Tuesday, Nov. 5, 2024, successful Simi Valley, Calif.  (AP Photo/Chris Pizzello)

Does she person nan authority to do so? 

Unequivocally, yes. That’s precisely nan problem modern presidents look erstwhile trying to make lasting argumentation changes done executive orders – a maneuver progressively favored by some Democrats and Republicans.

It's a risky measurement to govern for 2 reasons. The first is that these orders tin conscionable arsenic easy beryllium overturned by nan adjacent commander-in-chief (as has been connected show nether nan past 4 administrations). 

They besides consequence being halted successful national courts, wherever U.S. judges are explicitly tasked pinch serving arsenic a cheque connected nan president, and are free to region aliases halt specified orders from taking force, should they find they are outside nan scope of nan executive branch's authorities. 

That besides doesn't mean that territory courts request to person nan last opportunity connected nan 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 successful nan greeting connected Dec. 10, 2024, successful Washington, D.C.  (David Ake/Getty Images)

Kollar-Kotelly stressed past period that elector registration laws and nan expertise to modulate elections are set by Congress and by individual states, not nan executive branch.

Both states and Congress tin walk laws truthful agelong arsenic they do not "needlessly impose" an undue load connected voters nether nan 14th Amendment of nan U.S. Constitution. 

But nan executive branch, which does not stock successful these abilities to make and walk election-related laws, is not entitled to nan aforesaid modular of ineligible review, according to nan judge. 

"Our Constitution entrusts Congress and nan States – not nan President – pinch nan authority to modulate national elections," Kollar-Kotelly said successful her ruling.

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Next steps

The Trump management is, of course, free to entreaty nan determination to higher courts, should it take to do so. 

"President Trump will support fighting for predetermination integrity, contempt Democrat objections that uncover their disdain for commonsense safeguards for illustration verifying citizenship," White House spokesperson Harrison Fields said successful consequence to nan ruling past month.

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But its adjacent steps stay unclear. To date, nan management has not appealed nan matter, and officials person not said definitively whether they scheme to do so.