Biden Judge Rules Federal Voting Ban on Noncitizens Unconstitutional
Federal judge dismisses case against noncitizen voter, claiming law violates Constitution.
1 min read
A federal judge appointed by President Joe Biden has ruled that a federal law banning noncitizens from voting in U.S. elections is unconstitutional, dismissing a case against a noncitizen who voted in 2020. U.S. District Judge David Leibowitz, who was nominated by Biden in 2024, found that Congress overstepped its authority by enacting the law, asserting that the Constitution grants states the power to determine voter eligibility.
Case Against Noncitizen Voter Dismissed
Leibowitz dismissed the case against Chelsea Michelle Ann Cox, a noncitizen who voted in Broward County in 2020. In his 31-page ruling, the judge argued that the 1996 federal law, which prohibits noncitizens from voting in federal elections, is unconstitutional. The law includes penalties of up to a year in prison and fines for violations.
Legal Arguments and Reactions
Leibowitz claimed that the law violates Article I, Article II, and the 17th Amendment of the U.S. Constitution. He stated that prosecuting individuals under a law that Congress did not have the authority to pass is unconstitutional. Federal prosecutors, however, maintain that Congress has the power to regulate immigration and voting rights, citing a 1970 Supreme Court case that validated lowering the voting age to 18 as a precedent.
Political and Legal Implications
The ruling could have significant implications for future cases involving illegal voting. If upheld, it could challenge the enforcement of federal voting laws and shift the responsibility of voter eligibility determination to the states. Trump Department of Homeland Security (DHS) General Counsel James Percival criticized the decision, calling it a major shift in legal interpretation.
Source: Breitbart
