Judges Across the Nation Agree: The DOJ’s Legal Argument for Seizing Voter Rolls Does Not Hold Up

Hello, and welcome back to The Franchise!

We are starting with some good news for a change.

The DOJ has just been handed two more court losses in its flailing campaign to seize voter data from the states, bringing the grand total of court losses to 11. The Justice Department sued 30 states and Washington, D.C. in an unheard of attempt to seize unredacted lists of statewide voter registration data, which includes the sensitive and personal data of every person who is registered to vote in the state. 

Not one judge has sided with the DOJ’s arguments thus far in court.  

On Saturday, a federal judge dismissed the DOJ’s lawsuit against Pennsylvania. On Monday, a federal judge similarly dismissed the DOJ’s case against New Hampshire. 

These latest defeats are, respectively, the DOJ’s tenth and eleventh losses to date, in the administration’s ongoing, struggling campaign to trample on states’ rights to administer their own elections and seize voter data from 44 states and Washington D.C. Very few states complied with the DOJ’s initial demands for the information, so it has been trying to compel states to hand over the data via lawsuits. It has so far lost every single case that has gone to court. 

The data the DOJ is after includes sensitive information like drivers licenses and Social Security numbers — personal identifying information that the federal government is not entitled to.

To make its case, the DOJ has been relying on provisions in the Help America Vote Act (HAVA), the National Voter Registration Act (NVRA) and the Civil Rights Act of 1960 (CRA) to argue it is allowed to seize the information. But, as the courts have found time and time again, none of these statutes give the federal government the authority to demand state’s voter rolls.  

“The Department of Justice does not have any congressional authorization or any legal right to seize the sensitive data from these states,” explained David Becker, a former lawyer in the voting section of the DOJ’s Civil Rights Division and executive director and founder of the nonpartisan Center for Election Innovation and Research.

The federal judges in the most recent cases have agreed with the findings of the judges in previous states: the DOJ’s argument that the CRA and HAVA gives them the right to demand sensitive voter information does not work. 

“Through the present administration, the government seeks to compel the production of highly sensitive personal identifiers held within the Commonwealth’s voter rolls,” U.S. District Chief Judge Cathy Bissoon, a Barack Obama appointee, wrote in her ruling on Saturday. “The Constitution’s Elections Clause notwithstanding, the government claims that its incursion is required to confirm the state’s compliance with federal election law. What, a reader rhetorically may ask, could possibly go wrong?”

“…the government has failed to demonstrate entitlement to Pennsylvania voters’ personal identifiers under the NVRA or HAVA. The various Motions to Dismiss will be granted, and the dismissal is with prejudice,” she added.

In his ruling on Monday in the New Hampshire case, U.S. District Judge Joseph Laplante similarly wrote “that a state’s failure to disclose information, including the SVRA, does not on its own constitute a substantive violation giving rise to a claim for relief under HAVA.”

With so many losses, you might be thinking, why isn’t the Justice Department just dropping this whole ridiculous gambit? 

One reason the DOJ soldiers on with this failing campaign is likely because the DOJ “doesn’t seem to have the ability to tell its one and only client, the president, which is, by the way, not supposed to be the client of the Department of Justice, ‘hey, these are bad cases,’” Becker said. 

“There’s no one at the Department of Justice who will stand up for the rule of law and speak truth to their audience of one,” Becker added, “they’re going to keep racking up defeats.”

There’s a lot more to unpack this week, let’s dig in. 

Voting Rights Advocates Celebrate SCOTUS Mail-in Ballot Decision

More cautiously hopeful news … 

In a major loss for the Trump administration’s campaign to restrict mail-in voting access, the Supreme Court, in a 5-4 decision this week, rejected a GOP effort to limit which mail ballots can be counted. The decision upholds a Mississippi law that allows election officials to count mail-in ballots that are postmarked by Election Day, even if they are received after Election Day. 

It’s great news for those who care about the right to vote, and very bad news for those intent on furthering Trump’s voter suppression agenda. 

Trump was not too pleased with the defeat, calling it a “tremendous loss,” and using it as an excuse to push the SAVE America Act, a wildly restrictive voter suppression bill that he has been trying to bully the Senate to pass for months as he seeks to exert more control over election administration and bolster his delusions about the 2020 election. 

“In light of the tremendous loss in the Supreme Court today concerning Voter’s Rights, and the fact that ‘people’s’ votes are allowed to be counted LONG AFTER an Election is over, it is more important than ever to pass THE SAVE AMERICA ACT…” he wrote in a post on Truth Social on Monday after the ruling came down. 

Republican National Committee Chairman Joe Gruters — the RNC was the group that challenged the Mississippi law — also reacted to the decision on Monday with a major plug for the SAVE America Act.

“If we want fair and secure elections, Election Day should mean exactly what it says, which is why this decision makes it even more imperative that Congress pass the SAVE America Act,” Gruters said in a statement. 

Voting rights advocates, however, celebrated the court’s decision to uphold the counting of mail-in ballots postmarked by Election Day. 

“With today’s ruling, voters can be assured that their right to vote by mail remains secure,” Danielle Lang, vice president for voting rights and rule of law at Campaign Legal Center, said in a statement. “States still have the constitutional authority to write their own election laws — including the more than 30 states with laws safeguarding voters from being impacted by mail delays beyond their control.”

A Win for Mike Lindell

And finally in some positive news for no one but our favorite pillow magnate Mike Lindell, the voting technology company formerly known as Dominion Voting Systems is dropping its $1.3 billion defamation lawsuit against Lindell. The lawsuit, filed in 2021, is related to lies he spread about the 2020 election and the company’s voting equipment.

Of course, Lindell is using this bit of good fortune to double down on the very conspiracy theories that got him into trouble in the first place. 

“It’s kind of a coincidence that they dropped it just one day before I was putting out all the evidence on LindellTV,” he told me. 

“I’m gonna keep going to get rid of all the electronic voting machines,” he continued. “132 countries have banned electronic voting machines, now the United States needs to go to paper ballots hand counted and that’s it.”

“I’m gonna keep advocating for melting ’em down and turning ’em into prison bars every single one of them,” he said, referencing, we think, voting machines? 

In Other Election News

TPM: Supreme Court Rules Against Republicans’ Attempt to Restrict Vote by Mail

NBC News: Colorado Supreme Court deals blow to Democrats’ redistricting push

ABC: Trump’s fixation on voting has had mixed results. He still has ways to affect November’s elections

The Great American State Fair’s Main Exhibit Is Trump Corruption

WASHINGTON, DC – I visited the Great American State Fair on several days over the past week. Yes, it’s empty. Security is extremely tight, with no clear reason as to why. Federal marshals, Oklahoma state troopers, and others roam the area, providing a mini-museum of cops. The mini-arch is as half-assed as everyone says it is.

But President Trump’s Freedom250 project and the Great American State Fair is really a corruption story. And, in true MAGA fashion, there’s no real effort to hide the graft here: it’s all playing out in front of you. The fair itself showcases different forms of the rampant conflicts of interest and grifting that is coming to define the second Trump administration. On MAHA Monday, I stopped by the “Freedom stage” and listened as a doctor who runs a network of clinics pitched a top administration official on having Medicare and Medicaid cover a controversial scan that his business offers. It was hot, so I went inside an air-conditioned tent; firms funded by Don Jr. had booths on display. Government contractors like Lockheed Martin, SpaceX, Northrop Grumman, and others had exhibits in the tents and around the area. A Truth Social representative tried to sell me on creating an account with a video service that the president’s company is launching. 

People have compared the fair to a Potemkin Village. But my experience was more akin to stumbling upon a scam, more like Fyre Festival combined with a turbocharged form of D.C. pay-to-play. It’s eerie: the fair is mostly empty. The parts that are supposed to be for visitors are either falling apart or dramatically fail to deliver. The only real activity appears to come from large businesses using the fair as a vehicle to gain favor with the president. 

Continue reading “The Great American State Fair’s Main Exhibit Is Trump Corruption”

Will Frivolous Charges Be Brought Against Future Ex-POTUSes? That’s Okay Too.

I doubt I’ll get much argument from TPM readers when I say that the Supreme Court’s decision in Trump v United States, the immunity decision, is among the Court’s most corrupt decisions. But even many of those who recognize the fraudulent and anti-constitutional character of this decision still often agree that it would be a bad thing if ex-presidents were routinely or even frequently brought up on charges for their actions as president. Or, more specifically, they think it would be a bad thing if such charges became part of a partisan game of tit-for-tat in which presidents who had not abused their office were brought up on frivolous charges as a matter of partisan payback.

In this post I’d like to ask you to question that assumption. Of course, I don’t want the justice system abused. I don’t want anyone brought up on bogus or frivolous charges. But this is a risk we should be willing to take, and, more specifically, it should be one we ask anyone who wants the job of president to accept.

Congressional Report Alleges Fraud in Fundraising for ‘Christian Nationalist’ Freedom250

Hijacking the 250th

An explosive interim staff report, released this morning by Democrats on the House Natural Resources Committee, charges that Freedom 250, the organization President Trump and his allies created to supplant the nonpartisan, congressionally-created America250 celebration, misled donors who thought they were supporting the nonpartisan celebration. According to the Democrats’ sources, Freedom 250 officials confused corporate executives who had already donated to America250 with its “aggressive outreach,” and even gave the routing and account numbers for Freedom 250 to donors intending to make contributions to America250.

 “I’m a lawyer, and I know better than to pronounce that a crime has been committed,” Rep. Jared Huffman (D-CA), the ranking Democrat on the committee, told the Washington Post, which first reported on the investigation. “But I do know the elements of fraud, and there is evidence of all those elements here.”

The report, titled “From Vanity to Insanity,” emphasizes that one of the chief goals of Freedom 250, in addition to being a personalist project for Trump, was to infuse the semiquincentennial with Christian nationalism and “enshrine their preferred kind of Christianity as the de facto national religion.” As a result, “a commemoration Congress designed to educate, engage, and unite the country has, under Freedom 250, become a vehicle for a Christian nationalist, partisan, and Trump-centered vision of American identity.”

The drafters write that while “significant questions remain unanswered,” the evidence they do have “supports a conclusion that should alarm the American people. The national celebration that belonged to the entire country was hijacked to serve one man’s vanity, andthe methods they’ve used and perfected—from capturing nonprofits to exploiting interested donors, diverting public funds, and dismantling independent entities—have paved the way for the ultra-wealthy and politically connected to take advantage of the American people.”

As Trump Fumes About His Great State Fair Fail, His Staff Question July 4 Plans

CNN reports that Trump has been “livid” about the sparse turnout at his Great American State Fair, particularly the kick-off speech he decided to give after numerous musical acts backed out. (The musical acts, incidentally, are cited in the Democrats’ report about Freedom 250’s deceptions. The report charges that Freedom 250 used “middlemen—including businessmen in the entertainment industry with past ties to President Trump—to conduct outreach to the artists and obscure Freedom 250’s political nature.”) Given Trump’s obsession with the poor turnout, his own staff is mystified about the planning for the Fourth of July, which seems tailor-made for encouraging people to stay home: a maze of street closures, fencing, a late start, possibly 11:00 p.m., for fireworks, and the heat dome that is enveloping Washington, D.C. with oppressive heat and humidity. Trump’s genius marketing skills were on display yesterday at his speech at the opening of the Theodore Roosevelt Presidential Library in North Dakota, during which he pledged that on the Fourth he would give a “really long speech,” even though it’s going to be 107 degrees.

What Is With Trumpers and Pulp Fiction?

Brian Kaylor, who broke the story of Secretary of Defense Pete Hegseth praying for “great vengeance and furious anger” by using a fictitious version of Ezekiel 25:17 used in the Pulp Fiction by Jules Winnfield, the character played by Samuel L. Jackson, finds that another top Trump official finds religious meaning in Jackson’s portrayal of a gangster. In promoting his new book about his religious journey, Vice President JD Vance referenced the film on a podcast this week, describing how a bloody shoot-out scene in the film, which both the characters portrayed by Jackson and John Travolta miraculously survive, was influential to his own faith journey. Referring to the Winnfield character, Vance said, “he has this religious sort of epiphany. And that’s really the entire movie from his perspective, is this ongoing religious journey.” Vance went on to talk about how he, too, “felt the touch of God.” Vance even once called Jackson’s character “one of my favorite theologians.”

SCOTUS to Hear Challenges to Assault Weapon Bans

I was already deeply concerned that the Supreme Court will be hearing legal challenges to assault weapons bans in Chicago and Connecticut, given its recent track record in Second Amendment cases. But knowing that the Vice President of the United States sees religious meaning in a lethal, bloody (albeit fictional) shoot-out scene makes the Republican obsession with assault weapons even more chilling. Yesterday the Justice Department also filed new lawsuits against California’s ban on Glock-style guns and Virginia’s ban on assault weapons, arguing they are unconstitutional.

ICE Arrested a Nun. Where Are the ‘Religious Freedom’ Police?

Immigration and Customs Enforcement agents arrested a beloved nun, Sister Leticia Ugboaja, known as Sister Letty, walking to mass in her habit on Sunday in McAllen, Texas. Although she was released the next day after a social media furor and intervention by Reps. Henry Cuellar (D-TX) and Monica de la Cruz (R-TX), her story remains a pressing topic in the Catholic press, including the conservative Eternal Word Television Network and the news service of the Archdiocese of Washington, D.C. Both news outlets report that Sister Letty’s community in the Rio Grande Valley remains on edge because of ICE. “For now, it is clear that Homeland Security enforcement protocols that make it possible for a religious sister, or anyone, to be detained and handcuffed while peacefully walking to church on a Sunday morning are wildly disturbing and need to be reformed,” said Bishop Daniel Flores of Brownsville.

Meanwhile, Vance continues to declare the Vatican’s teaching on immigration “troubling.” There is also no word from Trump’s “religious liberty” allies, who have often claimed that under Democratic presidents, Christians are under threat of government “weaponization” of “anti-Christian bias,” and even arrest. 

DOJ Withholding Information Ahead of Blanche Confirmation Hearings, Dems Charge

Democrats on the Senate Judiciary Committee are demanding Acting Attorney General Todd Blanche turn over information in response to dozens of unanswered oversight requests dating back to January of 2025. The subjects of the requests include pardons, payments to January 6 insurrectionists, DOJ purges of career attorneys, Emil Bove, Jeffrey Epstein, Blanche’s cryptocurrency conflicts,  ICE’s murder of Renee Good, Trump’s “anti-weaponization” fund, and much more. 

Kushner Resort Threatens Albania’s EU Accession 

European Union officials are warning Albania’s governmental leaders that the country’s accession to the EU is at risk owing to its support of the Jared Kushner-backed resort that has sparked the Flamingo Revolution and mounting calls to topple the government of Prime Minister Edi Rama. Tineke Strik, a Dutch member of the European Parliament who led a fact-finding mission to Albania, told the Guardian, “If Rama is really serious about his EU ambitions, he should step back from this trajectory and say to the Trump clan: ‘Sorry, the EU is my first priority.’”

What in the World…?

Trump has appointed Avi Loeb, a controversial astronomer known for his claims about alien life, to lead a panel studying the supposed national security risks of supposed UFOs. “His theories have won praise in UFO circles but often put him in conflict with academic peers,” the Associated Press reports. “Other astronomers accuse him of making exotic claims with little evidence. Some chafe at his habit of skipping the peer review process and bringing claims directly to the public.” 

News? Tips? Feedback? Please let me know. For sensitive information, use the encrypted methods here.

A Second Judge Blocks Trump’s Attempted Federal Takeover of Vote by Mail

Power Grab on Hold for Now

A second judge has blocked aspects of a March order by President Trump that would require the Postal Service to only send mail ballots to voters the federal government has deemed to be eligible. 

Postmaster general David Steiner attracted quite a bit of attention last month when he told the Senate the USPS was ready to carry out Trump’s order. The very next day, the majority of it was blocked by Judge Indira Talwani, an Obama-appointed district court judge in Massachusetts. Another judge, Trump-appointed Carl John Nichols, a district court judge for the District of Columbia, had upheld it in May.

On Wednesday, Washington, D.C., District Court Judge Emmet Sullivan, appointed by Clinton, also blocked the Postal Service’s plan, finding that it violated a 2021 settlement agreement with the NAACP, requiring the postmaster general “to prioritize monitoring and timely delivery of election mail.”

The new Postal Service rule, based on Trump’s order, “will not accept ‘noncompliant mailings’ and therefore will not deliver mail-in or absentee ballots to some voters,” and “will not mail ballots to any voters in a state where the state ‘declines or fails to certify a list” — both of which violate the settlement agreement, Sullivan wrote.

The fight is the tip of the spear in terms of Trump’s efforts to mess with the midterms and the 2028 presidential election by suppressing vote by mail. The two earlier district court rulings on the order have been appealed, and the fight may well end up before the Supreme Court. 

Fourth Appeals Court Rules Against Trump’s Mass Detention Policies

  • A three-judge panel on the 10th Circuit Court of Appeals has ruled, unanimously, against a sweeping July 2025 Trump policy to detain immigrants, regardless of how long they have been in the U.S., as deportation proceedings progress, denying them bond. 
  • A Politico review in May found that the administration had already seen a staggering tens of thousands of rulings against this policy. Wednesday’s ruling was the fourth such one from a circuit court; other circuits have upheld the policy, suggesting it is inevitably Supreme Court-bound. 
  • In April, Bryce Covert reported for TPM that even those detainees who do get bond are seeing it set for far higher sums than before, taxing bail funds who are also fielding more requests for help amid the Trump administration crackdown. 
  • Various outlets reported yesterday that we are in the midst of another, quieter Department of Homeland Security surge, with 10,000 people detained in the last week alone. 

Tabs

The Trump admin’s cuts to government are part of the reason why weather forecasts have gotten so inaccurate. 

Remember the soaring cost of eggs? The DOJ and 17 states are settling with three major egg producers they accuse of colluding to “artificially inflate the daily price quotations for eggs” between June 2022 and March 2025. None of the companies are admitting wrongdoing, but, in the settlement, the companies will “collectively be on the hook for $3.3 million and 53 million eggs,” per New York Attorney General Tish James. 

Trump made $86 million last year suing media companies. 

Quote of the Day

“A policeman came up to me — a big, strong, good-looking guy — and he said, ‘sir, I want to thank you.’ He was almost, sort of, crying.”

Trump, with the latest installment in his ongoing series about large men thanking him while crying

Hick for a Loop

I mentioned Monday that when I first heard that Sen. John Hickenlooper was facing a serious challenge in Tuesday’s primary my immediate reflex was concern, before warming to the idea. By the time the returns started coming in, I was hoping Julie Gonzales would defeat him or at least give him a much tighter scare. As I noted last night, while votes were still being counted, getting 43% of the vote against a sitting senator who has been a major presence in the state’s politics for a quarter century is nothing to sneeze at. That signals an extraordinary level of discontent. Still, the actual margin was fairly comfortable. He almost got to 60%.

Continue reading “Hick for a Loop”

Surely a Winning Strategy: Republicans Are Trying to Be as Tone Deaf as Possible on Affordability

‘Affordability? What Are You Talking About?’

It would be difficult to miss President Trump’s remarks this week about what a “yawn” fest the bipartisan housing bill that is sitting on his desk is — the one that Republican members of Congress are begging him to sign so they have something to campaign on for the midterms.

Continue reading “Surely a Winning Strategy: Republicans Are Trying to Be as Tone Deaf as Possible on Affordability”

Republican Meltdowns Over Birthright Citizenship Decision, Ranked in Order of Sanity

The right is incandescent with rage over the Supreme Court’s (closer than expected) rejection of the Trump administration’s bid to rewrite the Constitution via executive order. 

Continue reading “Republican Meltdowns Over Birthright Citizenship Decision, Ranked in Order of Sanity”

Come Hang With Us

Obviously, there’s a lot going on. TPM’s staff spent yesterday reporting on and analyzing the last batch of Supreme Court decisions this term. Meanwhile, we’re hurdling toward midterm elections so consequential, President Trump can’t talk about anything else but the SAVE Act or he gets sad. Progressives exceeded expectations in several key Colorado races last night, winning primaries for governor and several congressional seats.

So, we think it’s time we get together to have a chat. We’re partnering with our friend Marisa Kabas for an evening of conversation, trivia, and drinks. (Yes, trivia. new thing we’re trying out. Don’t miss it.) Get your tickets today and join us Wednesday July 29 at Crystal Lake in Brooklyn. More details here.

The Four Fallacies at the Heart of SCOTUS’ Decision on Trans Athletes

This article is part of TPM Cafe, TPM’s home for opinion and news analysis.

The Supreme Court on Tuesday authorized further discrimination against transgender students. In a split ruling on two cases about whether states could ban trans students from school sports matching their gender identity — Little v. Hecox and West Virginia v. B.P.J. — the court ruled that it’s permissible to exclude trans students from the teams that align with their gender identity.

Continue reading “The Four Fallacies at the Heart of SCOTUS’ Decision on Trans Athletes”