federal court

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 on Thursday broadly upheld lawsuits by U.S. companies whose property was seized in Cuba prior to 1960, including claims against cruise ship lines that docked there in the past decade.

These suits do not seek compensation from Cubans but from those who “traffic in property which was confiscated by the Cuban government.”

In a 8-1 decision, the justices revived a $400-million judgment against four cruise lines whose ships stopped in Havana between 2016 and 2019.

All of them used docks that were built early in the 20th century by the Havana Docks Corporation, an American company.

Justice Clarence Thomas pointed to a rarely enforced 1996 law that authorized suits against those who “use property tainted by a past confiscation.”

Past presidents had suspended enforcement of the law, but President Trump allowed such claims to go forward.

That change in policy exposed “traffickers in confiscated property of United States nationals” to brings claims in federal courts, Thomas said.

The four cruise line companies — Caribbean Cruises, Norwegian Cruise Line Holdings, Carnival Corporation, and MSC Cruises — transported nearly a million paid passengers to Cuba, he wrote.

They paid the Cuban government tens of millions of dollars to do business in Cuba. They collectively earned hundreds of millions of dollars in revenue from voyages that included a stop in Havana, he said.

A federal judge in Florida ordered each of the cruise lines to pay $100 million in damages, but the U.S. appeals court in Atlanta blocked the decision by a 2-1 vote. It said Havana Docks Corporation had a contract to run the docks had expired in 2004.

Justice Elena Kagan made the same argument in dissent.

She said “the docks belonged to the Cuban Government — not Havana Docks — all along. What Havana Docks owned was only a property interest allowing it to use those docks for a specified time. And that time-limited interest expired in 2004 — more than a decade before the cruise lines ever used the docks.”

Still pending before the court is a similar claim from Exxon Mobil Corp., which was argued on the day in late February.

MONTGOMERY, Ala. — Thousands of people rallied Saturday in the cradle of the modern civil rights movement to mobilize a new voting rights era as conservative states dismantle congressional districts that helped secure Black political representation.

U.S. Sen. Cory Booker of New Jersey called Montgomery “sacred soil” in the fight for civil rights.

“If we in our generation do not now do our duty, we will lose the gains and the rights and the liberties that our ancestors afforded us,” Booker said in the Alabama capital.

The crowd was led in chants of “we won’t go back” and “we fight.”

“We are not going down without a fight. We are not going down to Jim Crow maps,” Shalela Dowdy, a plaintiff in the Alabama redistricting case said, alluding to racial gerrymandering in several states that has followed the recent Supreme Court decision to roll back the Voting Rights Act.

A crowd of thousands gathered in front of the city’s historic Alabama Capitol, where the Confederacy was formed in 1861 and where the Rev. Martin Luther King Jr. spoke in 1965 at the end of the Selma-to-Montgomery voting rights march. The stage, set in front of the Capitol, was flanked from behind by statues of Confederate President Jefferson Davis and civil rights icon Rosa Parks — dueling tributes erected nearly 90 years apart.

Speakers said the spot was once the temple of the Confederacy and transformed into holy ground of the civil rights movement.

Some in the crowd said the effort to redraw lines has echoes of the past.

“We lived through the ’60s. It takes you back. When you think that Alabama’s moving forward, it takes two steps back,” said Camellia A. Hooks, a 70-year-old Montgomery resident.

The rally began in Selma, where a violent clash between law enforcement and voting rights activists in 1965 galvanized support for passage of the Voting Rights Act. It then moved to the state Capitol, where King gave his “How Long, Not Long” speech the same year.

The Supreme Court ruling involving Louisiana hollowed out a tenet of the Voting Rights Act that was already weakened by a separate high court decision in 2013 and then narrowed further over the years. That helped clear the way for stricter voter ID laws, registration restrictions and limits on early voting and polling place changes, including in states that once needed federal pre-clearance before they could change voting laws because of their historical discrimination against Black voters.

Veterans of the civil rights movement are alarmed by the speed of the rollbacks, noting that protections won through generations of sacrifice have been weakened in little more than a decade.

Kirk Carrington, 75, was a teen in 1965 when law enforcement officers attacked marchers in Selma on what became known as Bloody Sunday. A white man on a horse wielding a stick chased Carrington through the streets on that day, he said.

“It’s really just appalling to me and all the young people that marched during the ’60s, fought hard to get voting rights, equal rights and civil rights,” Carrington said. “It’s sad that it’s continuing after 60-plus-odd years that we are still fighting for the same thing we fought for back then.”

The effect in Montgomery

Montgomery is home to one of the congressional districts that is being altered in the wake of the Supreme Court ruling.

A federal court in 2023 redrew Alabama’s 2nd Congressional District after ruling that the state intentionally diluted the voting power of Black residents, who make up about 27% of its population. The court said there should be a district where Black people are a majority or near-majority and have an opportunity to elect their candidate of choice.

But the Supreme Court cleared the way for a different map that could let the GOP reclaim the seat. While the matter remains under litigation, the state plans special primaries Aug. 11 under the new map.

Democratic Rep. Shomari Figures, who won election in the district in 2024, said the dispute is not about him but rather people’s opportunity to have representation.

“When Republicans are literally turning back the clock on what representation, what the faces of representation look like, what the opportunities, legitimate opportunities for representation look like across this country, then I think it starts to resonate with people in a little bit of a different way,” Figures said.

Alabama House Speaker Nathaniel Ledbetter, a Republican, said the Louisiana ruling provided an opportunity to revisit a map that was forced on the state by the federal court.

“People tend to forget what happened. When this thing went to court, the Republican Party had that seat, congressional seat 2,” Ledbetter said last week. “There’s been a push through the courts to try to overtake some of these red state seats, and that’s certainly what happened in that one.”

Evan Milligan, the lead plaintiff in the Alabama redistricting case, said there is grief over the dismantling of the Voting Rights Act, but it is crucial that people recommit to the fight.

“We have to accept that this is the new reality, whether we like it or not,” Milligan said. “We don’t have to accept that this will be the reality for the next 10 years or two years or forever.”

Chandler writes for the Associated Press.

NASHVILLE, Tenn. — Four Memphis residents are suing U.S. and Tennessee officials, saying they have been harassed, arrested and physically mistreated for engaging in First Amendment protected activities by observing and recording law enforcement agents in their city.

A lawsuit filed Wednesday in federal court targets the Memphis Safe Task Force, comprising agents from 13 federal agencies that President Trump ordered to the city to fight crime alongside Tennessee State Troopers and the Tennessee National Guard.

Since late September, hundreds of federal, state and local law enforcement personnel tied to the task force have made traffic stops, served warrants and searched for fugitives in the majority Black city of about 610,000 people. The lawsuit says the task force has conducted over 120,000 traffic stops.

“In the professed name of crime control, Task Force agents have stopped, menaced, and arrested Memphians engaging in routine, day-to-day activities,” the lawsuit states. “In response, Memphians encountering Task Force agents in public, including Plaintiffs, have stopped to gather information about and record Task Force activities.”

Emails from the Associated Press to the U.S. Department of Justice and a spokesperson for the task force were not returned on Wednesday morning.

Federal officials including Defense Secretary Pete Hegseth, former Atty. Gen. Pam Bondi and White House Deputy Chief of Staff Stephen Miller, have visited Memphis to praise the task force. Miller in October predicted the surge in law enforcement would make the city “safer than any of you could ever possibly imagine” and that “businesses and investment are going to pour in, and Memphis will be richer than ever before.”

The task force is part of a larger effort by Trump to use National Guard troops and surge federal law enforcement in cities, particularly ones controlled by Democrats. Following troop deployments in the District of Columbia and Los Angeles, he referred to Portland, Ore., as “war-ravaged” and threatened apocalyptic force in Chicago. Speaking last year to U.S. military leaders in Virginia, Trump proposed using cities as training grounds for the armed forces.

The lawsuit accuses task force agents of systematically retaliating against the four plaintiffs and other members of the public engaged in similar observations. It claims the threats and harassment are the “direct result of federal policy” that views observing federal agents performing their duties in public as a threat of harm to those agents. The lawsuit also claims that federal and state officials have failed to train their agents not to retaliate against citizens engaged in First Amendment protected activities.

The lawsuit asks the court to declare that retaliation against the plaintiffs for observing and recording law enforcement activity is unconstitutional and to prohibit the agents from further retaliation. It also targets a Tennessee law that requires observers to stand at least 25 feet away from law enforcement officers, if they are warned to do so, or face arrest. The suit asks the court to declare unconstitutional the use of the “Halo Law” against defendants who are not interfering with agents or impeding their duties.

Loller writes for the Associated Press.