argument

BOSTON — A federal judge on Tuesday heard from voting rights groups and a coalition of two dozen states that want the courts to halt President Trump’s executive order seeking to create a federal voter list and limit who can receive a mail ballot.

The plaintiffs argued in two lawsuits that Trump’s order should be found unconstitutional because the states and Congress, not the president, have the power to set election rules. They also told the court that the move imposes a costly burden on state election officials to comply and would spread fear about the possibility of prosecution.

“This is going to be a sea change in the way that some states administer their ballots,” said Michael Cohen, who was part of a team representing California, adding that “it will be difficult to overstate the disruption that this will cause.”

Trump’s executive order, the second one aimed at elections during his second term, comes as he continues to raise the specter of widespread voting by noncitizens as a reason to change election rules. But states already have detailed processes aimed at keeping their voter rolls accurate, and voting by noncitizens has been shown to be rare. It also is a felony that can be punishable by deportation.

His latest order is being challenged through multiple lawsuits, including two filed in U.S. District Court in Boston.

The American Civil Liberties Union, which represented the League of Women Voters in one of the two Boston cases, has called the order “a dangerous attempt to disenfranchise eligible voters nationwide.” The group said the order transforms “the U.S. Postal Service from a neutral mail carrier to an arbiter of who may cast a ballot by mail.”

“This case challenges an extraordinary and abusive assertion of executive power over the administration of federal elections,” the organization said in its complaint.

The hearing comes less than a week after another judge declined to halt the order. U.S. District Judge Carl Nichols, a Trump appointee in Washington, agreed with the Trump administration’s contention that it was too early to block the order because it has yet to be implemented.

The administration, in its motions to dismiss the lawsuits, argued that the plaintiffs lack standing to bring their claims. They also argued the motions are premature and that plaintiffs lack the legal basis to bring their Administrative Procedure Act claim, which governs how federal agencies develop and issue regulations.

Stephen Pezzi, a lawyer for the Trump administration, said the harms the plaintiffs referred to were subjective, since much can change with the voting list before it is finalized. He also said no one would be prosecuted for violating the executive order.

Missouri Solicitor Gen. Lou Capozzi, speaking for the states supporting the list, argued it was too early to say how his state might use the list, but that it was “unlikely” any voter would be removed this year from the voter rolls because of it.

“We are not exactly sure how we would use it,” Capozzi said, adding that “we don’t want this process to be strangled in the crib, so to speak.”

U.S. District Judge Indira Talwani took the requests for motions to halt the order, along with motions to dismiss the cases under advisement.

During oral arguments, Talwani expressed concerns about whether the federal system envisioned under the executive order could be ready for the upcoming midterm elections and about the risks posed to election workers who rely on a state list that differs from the federal one. She also raised doubts about the reliability of a federal list — noting, for example, women who changed their names after getting married or someone who has moved from state to state might be missed.

“Isn’t there a reasonable fear and concern on behalf of voters that they will be precluded?” Talwani asked.

Trump issued the order in March after a bill he supported to overhaul voting stalled in Congress. The order would have had the federal government create a list of eligible voters and then directed the postal service to deliver mail ballots only to those on the list. Election officials argued that it was ripe for abuse and could cause chaos, and the postal union has objected to the idea of mail carriers policing ballots.

The postal service has published a proposed rule required by Trump’s executive order in the Federal Register. Among other things, the rule would not apply to primary elections or overseas ballots.

Since his 2020 presidential election loss to Democrat Joe Biden, Trump has groundlessly claimed mail voting is rife with fraud and has launched a federal investigation into that year’s vote, even though repeated audits and investigations, including ones run by Republicans, found it was free of widespread fraud. Trump also has said he wants to “take over” election administration in Democratic areas.

Casey writes for the Associated Press.

WASHINGTON  — The Supreme Court often resembles a feuding family where the same heated arguments go on for years.

The justices disagree over race, religion, abortion, guns and the environment, and more recently, presidential power and LGBTQ+ rights. And while they try to maintain a cordial working relationship, they don’t claim to be good friends.

“We are stuck with one another whether we like it or not,” Justice Amy Coney Barrett wrote last year in her book, “Listening to the Law.”

And like it or not, the testy exchanges and simmering anger have been increasing, driven by the sharp ideological divide.

The three liberals had known since October the conservative majority was preparing to elevate partisan power over racial fairness.

By retreating from part of the Voting Rights Act, the court’s opinion last week by Justice Samuel A. Alito will allow Republicans across the South to dismantle voting districts that favor Black Democrats.

Justice Elena Kagan, who first came to the court as a law clerk for Justice Thurgood Marshall, denounced the “demolition” of a historic civil rights law.

In dissent, she quoted Marshall’s warning that if all the voting districts in the South have white majorities, Black citizens will be left with a “right to cast meaningless ballots.”

But Alito and Chief Justice John G. Roberts joined the court 20 years ago believing the government may not make decisions based on race.

Their first major ruling was a 5-4 decision that struck down voluntary school integration policies in Seattle and Louisville. It was illegal to encourage some students to transfer based on their race, Roberts said.

When faced with a redistricting case from Texas, Roberts described it as the “sordid business … [of] divvying us up by race.”

With President Trump’s three appointees on the court, the conservatives had a solid majority to change the law on race. Three years ago, they struck down college affirmative action policies.

Watching closely were states such as Alabama and Louisiana.

They had been sued by voting rights advocates, and both had been required to draw a second congressional district with a Black majority.

Their state attorneys appealed to the Supreme Court, arguing these race-based districts were unconstitutional.

In a decision that surprised both sides, Alabama lost by a 5-4 vote in 2023.

Roberts said the Voting Rights Act as interpreted by past decisions suggests Alabama must draw a second congressional district that may well elect a Black candidate. The three liberals agreed entirely and Justice Brett M. Kavanaugh cast a tentative fifth vote.

Alito and Justice Clarence Thomas filed strong dissents, joined by Barrett and Justice Neil M. Gorsuch.

Last year, the justices agreed to decide a nearly identical appeal from Louisiana, and this time Roberts joined the conservative majority and assigned the opinion to Alito.

He argued the Voting Rights Act gave “minority voters” an equal right to vote but not a right to “elect a preferred candidate.”

The decision dealt a double blow to Black Democrats because an earlier 5-4 opinion by Roberts freed state lawmakers to draw voting districts for partisan advantage.

That ruling, combined with Wednesday’s decision, will bolster Republicans trying to maintain their narrow hold on Congress.

As if to highlight that point, the court’s six Republican appointees were guests of President Trump at Tuesday’s White House dinner for King Charles.

Just a few days before, Trump had slammed the court in another social media post.

“The Radical Left Democrats don’t need to ‘Pack the Court’. It’s already Packed,” he wrote. “Certain ‘Republican’ Justices have just gone weak, stupid, and bad.” They had struck down his sweeping tariffs, he said, “they probably will … rule against our Country on Birthright Citizenship.”

That didn’t stop him from inviting them to the White House, nor did the partisan appearances dissuade them from attending.

Alito is enjoying his moment of acclaim as the voice of the conservative legal movement.

In March, the Federalist Society held a day-long conference in Philadelphia to celebrate the “Jurisprudence of Justice Alito.”

He is the subject of two new books. One, by journalist Mollie Hemingway, calls him “the justice who reshaped the Supreme Court and restored the Constitution.”

The other, by author Peter S. Canellos, is “Revenge for the Sixties: Sam Alito and the Triumph of the Conservative Legal Movement.”

Alito attended Princeton during the Vietnam War and was put off “by very privileged people behaving irresponsibly,” as he later described his classmates.

He then went to the Yale Law School and, like Thomas, left with a lasting disdain for the left-leaning faculty and students.

Alito has a book of his own scheduled to be released in October. It is called “So Ordered: An Originalist’s View of the Constitution, the Court and Our Country.”

Last month, rumors and speculation had it that Alito and perhaps Thomas planned to retire this year so Trump and the Senate Republicans could quickly fill their seats.

At age 76, Alito is at the peak of his influence and has no interest in stepping down, and he and Thomas confirmed to news organizations they had no plans to retire this year.

For 20 years, Alito has cast reliably conservative votes at the Supreme Court and regularly argued for moving the law farther to the right.

Most famously, he wrote the court’s 5-4 opinion in the Dobbs case that overturned Roe vs. Wade and the constitutional right to abortion.

Roberts issued a partial dissent, arguing the court should uphold Mississippi’s 16-week limit on abortions and stop there.

Alito has called religion a “disfavored right,” and there too a change is underway.

In the decades before his arrival, the court had handed down steady rulings barring taxpayer funds for religious schools or religious ceremonies or symbols in public schools or city parks.

Then, the court viewed these official “endorsements” of religion as violations of the 1st Amendment’s ban on an “establishment” of religion or the principle of church-state separation.

Those decisions have faded into the background, however.

Instead, Alito, Roberts and the four other conservatives see today’s threat as one of discrimination against religion, not official favoritism for religion.

They ruled church schools and their students may not be denied state aid because of religion. Similarly, Catholic charities and other religious groups may not be excluded from publicly funded programs because they refuse to accept same-sex parents, the justices said.

They upheld a football coach’s right to pray on the field. And they ruled for a wedding cake maker in Colorado and other business owners who refused to serve same-sex couples in violation of a state civil rights law.

Religious liberty has now replaced separation of church and state as the winning formula at the Supreme Court.

The next test on that front may come from Louisiana, which calls for the posting of the Ten Commandments in public school classes.

In the past, the court had ruled such religious displays violated the 1st Amendment, but it is not clear that the current majority will agree.

The court’s oral arguments for this term ended last week. Many of them were dominated by questions from liberal Justices Sonia Sotomayor and Ketanji Brown Jackson.

A statistical tally by Adam Feldman for Scotusblog found that Jackson, the newest justice, had spoken twice as many words as the most talkative of the conservative justices.

Her arrival shifted the “center of verbal energy” to the liberal side, Feldman wrote. While Jackson “sits in a class of her own,” Sotomayor also presses the argument on the liberal side.

The court now has about eight weeks to hand down the decisions in 35 remaining cases. Usually, May and June can be a trying time because of intense disagreements over the opinions in close cases.

But for the liberal justices, it also may be a time mostly for writing dissents.

WASHINGTON — The Supreme Court’s conservative majority sounded ready Wednesday to rule that the Trump administration may end the temporary protection that has been granted to more than 1.3 million immigrants from troubled countries.

Congress in 1990 authorized Temporary Protected Status, or TPS, for noncitizens who could not safely return home because their native country was wracked by war, violence or natural disasters. If those people passed a strict background check, they could stay and work legally in this country.

But President Trump came to office believing too many immigrants had been granted permission to enter and stay indefinitely.

Last year, his Department of Homeland Security moved to cancel the temporary humanitarian protection for immigrants from 13 countries, including Venezuela, Haiti, Syria, Honduras and Nicaragua. Court challenges on behalf of Haitians and Syrians were consolidated into a single case, Mullin vs. Doe, which the justices heard Wednesday.

Immigrant-rights advocates challenged those decisions as political and unjustified, and they won orders from federal judges that blocked the cancellations.

But Trump’s lawyers filed an emergency appeal at the Supreme Court arguing the judges had overstepped their authority. They pointed to a provision in the 1990 law that bars “judicial review” of the government’s decision to end temporary protection for a particular country.

The justices ruled for the administration and set aside the lower court rulings in a series of 6-3 orders.

Faced with criticism over its brief and unexplained orders, the justices agreed to hear arguments on the TPS issue on the last day of oral arguments for this term.

But the ideological divide appeared to be unchanged.

Solicitor Gen. D. John Sauer said Congress had prohibited “judicial micromanagement” of these decisions, and none of six conservatives disagreed.

UCLA law professor Ahilan T. Arulanantham, representing several thousand Syrians, said the Homeland Security secretary had failed to consult the State Department, which says it is unsafe to travel there.

He said the government “reads the statute like it’s a blank check … to give the secretary the power to expel people who have done nothing wrong.”

Chicago attorney Geoffrey Pipoply, representing more than 350,000 Haitians, said the cancellations were driven by “the president’s racial animus toward non-white immigrants.”

The court’s three liberals argued the administration failed to follow the procedural steps required under the law. But that argument failed to gain traction.

Justice Amy Coney Barrett and her husband adopted two children from Haiti who are citizens. Like most of the conservatives, she asked few questions during the argument.

RICHMOND, Va. — Virginia Supreme Court justices on Monday questioned whether the state’s Democrat-led legislature complied with constitutional requirements when it sent a congressional redistricting plan to voters, in a case that could help decide the balance of power in the U.S. House.

The new districts, which could net Democrats four additional seats, won narrow voter approval last week. But a Republican legal challenge contends the General Assembly violated procedural rules by placing the constitutional amendment before voters to authorize the mid-decade redistricting. If the court agrees that lawmakers broke the rules, it could invalidate the amendment and render last week’s statewide vote meaningless.

The Virginia court proceedings mark the latest twist in a national redistricting battle between Republicans and Democrats seeking an advantage in a November midterm election that will determine whether Republicans maintain their narrow majority in the U.S. House.

President Trump kicked off a tit-for-tat round of gerrymandering last summer when he urged Texas Republicans to redraw districts to their favor in an attempt to win several additional House seats. That set off a chain reaction of similar moves in other states, leading to the voter approval last week of Virginia’s new map.

Next up is Florida, where Republican Gov. Ron DeSantis has included congressional redistricting on the agenda for a special session of the GOP-controlled Legislature beginning Tuesday.

Virginia arguments focus on what counts as an `election’

During Monday’s arguments, the Virginia Supreme Court focused on whether the new congressional districts should be invalidated because of the process used by lawmakers. The justices issued no immediate ruling.

Because the state’s redistricting commission was established by a voter-approved constitutional amendment, lawmakers had to propose an amendment to redraw the districts. That required approval of a resolution in separate legislative sessions, with a state election sandwiched in between, to place the amendment on the ballot.

The legislature’s first vote occurred in October — while early voting was underway but before it concluded on the day of the general election. Judicial questioning focused on whether that was too late, because early voting already had begun.

Attorney Matthew Seligman, who defended the legislature, argued that the “election” should be defined narrowly to mean the Tuesday of the general election. In that case, the legislature’s first vote on the redistricting amendment occurred before the election and was constitutional, he told judges.

But an attorney arguing for the plaintiffs, Thomas McCarthy, said “election” means the entire period during which people can cast ballots, which lasts several weeks in Virginia. If that’s the case, then the legislature’s initial endorsement of the redistricting amendment came too late to comply with the state constitution, he said.

Attorneys argue over the rights of voters

The purpose of Virginia’s two-step amendment process, with an intervening election, is so voters can know whether legislative candidates support or oppose a proposed constitutional amendment, McCarthy said.

He pointed to the case of Democratic voter Camilla Simon, one of the plaintiffs in the lawsuit alongside Republican state lawmakers, who cast an early vote last fall for Democratic Del. Rodney Willett. After she voted, Willett sponsored the Democratic redistricting amendment, and Simon wished she could have undone her vote, McCarthy said.

“None of these voters had any idea this was coming, and that’s not how this process is supposed to work,” McCarthy told the justices.

Those defending the Democratic redistricting plan also contend that the voters’ will should be respected.

The people voted to ratify the constitutional amendment, “and the challengers are asking to overturn that democratic result,” Seligman told reporters after the arguments.

Nationwide redistricting battle has no clear winner so far

So far, the two major parties have battled to a near draw in the states that have redrawn their congressional maps for this year’s midterms.

Republicans think they could win up to nine more seats under revised districts in Texas, Missouri, North Carolina and Ohio. Democrats think they could win as many as 10 additional seats under new districts in California, Utah and Virginia. But legal challenges remain in both Virginia and Missouri.

Virginia currently is represented in the U.S. House by six Democrats and five Republicans who were elected from districts imposed by a court after a bipartisan redistricting commission failed to agree on a map after the 2020 census. The new districts, which narrowly won voter approval on April 21, could give Democrats an improved chance to win 10 districts.

Some candidates already have begun campaigning based on the new districts in advance of the state’s Aug. 4 primary election.

More court battles could remain in Virginia

In January, a judge in rural Tazewell County, in southwestern Virginia, ruled that lawmakers failed to follow their own rules for adding the redistricting amendment to a special session last fall. Circuit Judge Jack Hurley Jr. also ruled that lawmakers failed to initially approve the amendment before the public began voting in last year’s general election and that the state had failed to publish the amendment three months before the election, as required by law. As a result, he said, the amendment is invalid and void.

The Virginia Supreme Court placed Hurley’s order on hold and allowed the redistricting vote to proceed before hearing arguments on the case.

During Monday’s arguments, justices also raised questions about the ability of lawmakers to expand the agenda for their special session and whether the three-month public notice requirement was important enough to thwart a voter-approved amendment.

Republicans have filed at least two additional legal challenges, which also are winding their way through the courts.

Robertson and Lieb write for the Associated Press. Lieb reported from Jefferson City, Mo. AP writers Allen G. Breed in Richmond and Nicholas Riccardi in Denver contributed to this report.