Constitution

Judge Leibowitz’s decision underscores state jurisdiction over voter qualifications, limiting federal actions.

A United States federal judge has ruled that a law criminalising voting by noncitizens is unconstitutional, dealing a setback for President Donald Trump’s administration as it cracks down on alleged election fraud ahead of November’s midterm elections.

US District Judge David Leibowitz in Miami dismissed a federal case on Thursday against Chelsea Cox, a Florida resident originally from Jamaica who had been charged in October 2025 with illegally voting in the 2020 presidential election.

Leibowitz, who was nominated to the bench by former Democratic President Joe Biden, found that under the US Constitution, only individual states, not the US Congress, have the authority to set voter qualifications.

Since every state already requires US citizenship to vote, he wrote, it is up to Florida, not the Department of Justice, to prosecute Cox for breaking that rule. “Florida can and does,” he wrote, noting the state already has its own laws against the conduct Cox is accused of.

The ruling applies only to Cox’s case and it does not bind judges elsewhere, though about 45 similar cases remain pending nationwide. At least four other defendants have raised the same constitutional challenge.

Court filings show Cox entered the US as a tourist in 1999, overstayed her visa, and later used a fraudulent birth certificate from the US Virgin Islands, a US territory in the Caribbean, to obtain a Florida driver’s licence and register to vote in 2012.

Trump has falsely claimed that noncitizen voting, which is already illegal and rare, cost him the 2020 election, and has cast it as part of a broader effort by Democrats to dilute Republican support.

The Department of Justice has charged at least 60 people with the offence since Trump returned to office in January 2025.

Among 129 people charged with “voting by an alien” since 2021, none was accused of conspiring to sway an election, backing a candidate, or being paid to vote, according to Reuters. Most were found to be lawful permanent residents who had registered by mistake or on the incorrect advice of an election worker or government clerk.

Cox’s lawyer, Bruce Udolf, welcomed the ruling and said he hoped authorities would not now seek to deport her, citing her declining health conditions.

The very first act of the new Bush administration was to have a Protestant Evangelist minister officially dedicate the inauguration to Jesus Christ, who he declared to be “our savior.” Invoking “the Father, the Son, the Lord Jesus Christ” and “the Holy Spirit,” Billy Graham’s son, the man selected by President George W. Bush to bless his presidency, excluded the tens of millions of Americans who are Muslims, Jews, Buddhists, Shintoists, Unitarians, agnostics and atheists from his blessing by his particularistic and parochial language.

The plain message conveyed by the new administration is that George W. Bush’s America is a Christian nation, and that non-Christians are welcome into the tent so long as they agree to accept their status as a tolerated minority rather than as fully equal citizens. In effect, Bush is saying: “This is our home, and in our home we pray to Jesus as our savior. If you want to be a guest in our home, you must accept the way we pray.”

But the United States is neither a Christian nation nor the exclusive home of any particular religious group. Non-Christians are not guests. We are as much hosts as any Mayflower-descendant Protestant. It is our home as well as theirs. And in a home with so many owners, there can be no official sectarian prayer. That is what the 1st Amendment is all about, and the first act by the new administration was in defiance of our Constitution.

This was surely not the first time in our long history that Jesus has been invoked at an official governmental assembly. But we are a different and more religiously diverse nation than we were in years past. There are now many more Muslims, Jews, Buddhists and others who do not accept Jesus as their savior. It is permissible in the U.S. to reject any particular theology. Indeed, that is part of our glorious diversity. What is not acceptable is for a presidential inauguration to exclude millions of citizens from its opening ceremony by dedicating it to a particular religious “savior.”

Our first president, George Washington, wrote to the tiny Jewish community in Rhode Island that in this new nation, we will no longer speak of mere “toleration,” because toleration implies that minorities enjoy their inherent rights “by the indulgence” of the majority. President Bush should read that letter and show it to the Rev. Franklin Graham, who told the media on the day before the inauguration that his prayer “will be for unity”; instead, it was for the Trinity. Uniting for Jesus may be Graham’s definition of unity, but it is as un-American as if a rabbi giving the official prayer had prayed for the arrival of the “true Messiah,” thus insulting the millions of Christians who believe Jesus is the true Messiah.

Inaugurations are not the appropriate setting for theological proclamations of who is, and who is not, the true Messiah. Perhaps at Bob Jones University it is appropriate for an honorary degree recipient to declare Jesus to be the only king of the United States, but the steps of the Capitol should not be confused with the lectern of a denominational church.

The inauguration ended with another Protestant minister inviting all who agree that Jesus is “the Christ” to say, “Amen” (ironically, a word that originated in Jewish prayer or, alternatively, originally a Jewish acronym for “God, the King, forever.”) Sen. Joseph Lieberman (D-Conn.), along with many others who do not believe that Jesus is the Messiah, was put in the position of either denying his own faith or remaining silent while others around him all said, “Amen.” This is precisely the position in which young public school students are placed when “voluntary” prayer is conducted at school events. If they join in prayer that is inconsistent with their religious beliefs, they have been coerced into violating their conscience. If they leave or refuse to join, they stand out as different among their peers. No student should be put in that position by their public schools at an assembly, just as no public official should be placed in that situation by their government at an inauguration.

If George W. Bush wants all Americans to accept him as their president, he made an inauspicious beginning by sandwiching his unity speech between two divisive, sectarian and inappropriate prayers.