Quote:
Oct 1 (Reuters) - A US judge dismissed a federal case on Thursday that accused a Jamaican national of illegally voting, finding the law criminalizing noncitizen voting was unconstitutional and delivering a blow to the Trump administration's campaign against alleged election fraud.'
The ruling by Miami-based US District Judge David Leibowitz applies only to the case of Florida resident Chelsea Cox, who was charged in October 2025 with illegally voting in the 2020 election. It is not binding for judges in other cases.
It marks a setback for President Donald Trump's administration on noncitizen voting, a cornerstone of its push to highlight alleged election fraud ahead of November's midterm elections. Republicans are fighting to retain majorities in both houses of Congress.
The Justice Department has charged at least 60 people with noncitizen voting since Trump returned to office in January 2025.
The ruling by Leibowitz, who was nominated by Democratic President Joe Biden, appears to be the first time a federal court has found the 1996 law a violation of the US Constitution.
Leibowitz wrote that under the US Constitution only states can set voter qualifications, not Congress. Every state requires US citizenship to vote, and Leibowitz said it was up to Florida, not the Department of Justice, to prosecute her for violating that requirement.
"Can the State of Florida prohibit and punish the exact conduct Defendant Cox allegedly engaged in here? This has already been decided elsewhere and is not addressed here: Florida can and does," Leibowitz wrote.
https://www.reuters.com/world/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional-2026-10-01/
The problem is numerous states will not prosecute noncitizens for voting in elections because the Democrats fully support it since they believe in in any cost, legal or not.
If the person had voted in only a local election, then I would agree it is not a federal issue, and should be up to the state to prosecute. Since this person voted in the 2020 election, and that was a federal election, and the DOJ should be able to prosecute to the fullest extent of the law.
Leave it to a judge appointed by the auto pen to come up with another dumbass ruling, which of course will now be used by every leftist judge to toss any case involving illegal voting.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill