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DOJ Takes Unusual Step Of Opposing Federal Official In Voting Rights Case

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AP Photo / William B. Plowman

The Department of Justice filed a brief Monday arguing that the requirement should be temporarily blocked while a full case is heard on the merits.

"The United States concedes that, because the challenged actions were not made on the basis of the NVRA’s 'necessity' criterion, defendants cannot succeed on the merits," the brief said, referring to the law's language concerning adding requirements to the form. "Because the government consents to entry of a preliminary injunction, the Court need not weigh all of the other injunction factors."

According to Politico, Kansas Secretary of State Kris Kobach -- who Newby worked for as a local elections official before stepping into the EAC role -- is also trying intervene in the case so he can defend the proof-of-citizenship requirement. He filed a brief to do so on Friday.

Read the DOJ request that the requirement be temporarily blocked below:

About The Author

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Tierney Sneed is a reporter for Talking Points Memo. She previously worked for U.S. News and World Report. She grew up in Florida and attended Georgetown University.