Politics
Supreme Court grants Virginia’s appeal to purge voter rolls ahead of Election Day
The Supreme Court on Wednesday granted Virginia’s emergency request to revive Republican Gov. Glenn Youngkin’s systematic purge of voter rolls ahead of Election Day.
The court’s three Democratic appointees dissented from the order. The Republican-appointed majority didn’t explain its reasoning, nor did the dissenters, which isn’t unusual in emergency litigation.
The Republican win from the Roberts Court follows Tuesday’s nearly unanimous rejection of former independent candidate Robert F. Kennedy Jr.’s attempt to get off ballots in battleground states Wisconsin and Michigan, which he wanted to do to help Republican Donald Trump’s campaign.
The justices are also expected to rule soon on an emergency bid from Republicans to block provisional ballots in Pennsylvania. The impending decision in the case from that swing state could provide a fuller picture of how the court is handling litigation in this election, which could be a close one between Trump and Democratic nominee Kamala Harris.
A federal judge on Friday had blocked Virginia’s program, citing the National Voter Registration Act. That federal law bars states from systematically removing ineligible voters within 90 days of a federal election. Virginia argued to the justices that the law doesn’t apply to removing noncitizens and that its removal process is individualized, not systematic.
Opposing the emergency bid alongside voting rights groups, the federal government said that Virginia has “no legitimate interest in continuing practices that plainly violated federal law.” The government said that state officials “pervasively invoke alleged harms that they have failed to prove. … Notably, applicants have provided no reason to believe that any noncitizens have voted in past Virginia elections, or that any are likely to do so in the upcoming election.”
In ruling against the state, U.S. District Judge Patricia Giles said that its program has curtailed the rights of eligible voters to cast their ballots, citing evidence that eligible citizens have had their registrations canceled. The Joe Biden appointee said that “restoring the right to vote of all eligible voters affected by this program strongly outweighs the burden to Defendants [Virginia] of restoring those names to the rolls.”
She added that officials could still remove ineligible registrants through individualized inquiry.
On Sunday, a 4th U.S. Circuit Court of Appeals panel said it was likewise “unpersuaded” by the state’s argument that it wasn’t violating the federal voter registration law. “Here, the challenged program does not require communication with or particularized investigation into any specific individual,” a unanimous appeals court panel said in the order that prompted Supreme Court review. “Rather, the inclusion of a person’s name on a list electronically compared to other agency databases is enough for removal from the voter rolls.”
The panel of Democratic appointees said the state’s argument that the law doesn’t cover noncitizens “violates basic principles of statutory construction by focusing on a differently worded statutory provision that is not at issue here and proposing a strained reading of the Quiet Period Provision to avoid rendering that other provision absurd or unconstitutional. That is not how courts interpret statutes.”
The Supreme Court’s order on Wednesday pauses the trial judge’s ruling pending further litigation in the appeals court and potentially the high court.
In the 2020 election that Trump lost to Biden, the Democrat won Virginia, where early voting is already underway this year, by about half a million votes.
While this appeal only concerned Virginia, the state was backed at the high court by Republican interests and states, including a brief led by Kansas Attorney General Kris Kobach, who was previously held in contempt and sanctioned for defying court orders during voting litigation.
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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.
Politics
Iowa’s last Democrat on how he can win in Trump country
Iowa’s last Democrat on how he can win in Trump country
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Politics
The other Dan Sullivan makes November ballot against Sen. Dan Sullivan
Alaska GOP Sen. Dan S. Sullivan can’t shake his same-name challenger.
Retired teacher Dan J. Sullivan punched a ticket out of the state’s top-four, all-party primary early Wednesday morning. He could now play spoiler in a high-stakes Senate clash between the Republican senator and former Democratic Rep. Mary Peltola that could help swing control of the upper chamber.
Republicans fought and failed to keep Dan J. Sullivan off the primary ballot, arguing he was a Democratic plant designed to boost Peltola. Both Dan J. Sullivan and Peltola’s campaign have denied any coordination.
The senator’s allies have already taken steps to mitigate the second Sullivan’s potential vote siphoning, in some cases running ads using the senator’s middle initial to help differentiate between the same-named candidates.
Supporters of the state’s ranked-choice voting system, which kicks in for the general election, argue the process helps curtail the spoiler effect. But the presence of other candidates could still skew the results of the battleground race. Outside groups flooded the primary with more than $2 million to boost myriad fringe candidates — and could do so again ahead of November.
It’s not smooth sailing for Peltola, either, as she wages an uphill battle to flip a red seat in a state President Donald Trump won by 13 percentage points in 2024. She recently replaced her campaign manager in a staffing shakeup ahead of the primary, among other internal moves.
Politics
‘It’s put up or shut up time’: Battleground Republicans want the Darline treatment
President Donald Trump notched a major win on Tuesday night. Republicans in battlegrounds wonder if it was the best use of his time and money.
Sen. Darline Graham defeated Rep. Ralph Norman in South Carolina’s snap Senate GOP runoff, handing Trump a revitalizing win after several of his endorsed candidates fell in recent primaries.
It was a victory that Graham, a complete political unknown six weeks ago, could not have pulled off without Trump’s steadfast support, underscoring just how much his influence still matters among the Republican electorate in the deeply conservative state.
But South Carolina’s Senate seat will not dictate the balance of power in Washington, and GOP strategists working on critical swing state campaigns are eager for Trump to finally direct his attention to them.
“The message coming out of this is that obviously the president’s support is still super powerful. The president’s operation still has the ability to move the needle in a lot of these states,” said a Republican strategist working on several battleground races, including in Georgia, who was granted anonymity to speak candidly about Trump’s involvement. “Hopefully, this is a sign of things to come that the president is willing to get involved and really start to move the needle in some other places that obviously matter a little bit more than South Carolina.”
Trump’s persistent backing of Graham defined the race: He championed her appointment to her late brother Sen. Lindsey Graham’s seat, he coaxed her into the race with an early endorsement, stood by her as she stumbled on the debate stage, and flew down to Myrtle Beach for a rare political rally that few of his chosen candidates have enjoyed this cycle. MAGA Inc., Trump’s behemoth super PAC, even spent a slice of highly sought after cash from its $400 million stockpile in the closing days of the race.
And yet, the president hasn’t taken a meaningful step into the states that will matter in a few short months — even as battleground Republicans have been clamoring for him to spend his MAGA Inc. money.
“It’s now or never. It’s put up or shut up time, and it’s really time to start to see if he’s going to get serious,” the GOP strategist said. “You’ve got September and October to really move the needle here, and it just doesn’t seem like there’s any sense of urgency, or like we understand that we are down big in some of these states.”
During her victory speech in Columbia, Graham acknowledged Trump’s heavy hand: “Our victory would not have been possible without you, and we are truly grateful,” Graham said of the president. “South Carolina is truly Trump country.”
Norman’s take on the president’s participation was not as rosy: “The president got involved. He has that right. That’s his prerogative,” Norman said in his concession speech Tuesday, prompting jeers from the crowd at his election night watch party. “Y’all,” he continued, “his policies are good. I never understood why he got in this race. It is what it is, and I’ll accept it.”
Norman’s bewilderment reflected several national and South Carolina Republicans’ confusion as to why the president would expend energy for the safe Republican seat when his MAGA allies like Mike Collins in Georgia, scandal-plagued Ken Paxton in Texas and Michael Whatley in North Carolina are facing tough Senate battles against Democratic opponents.
“There’s the principle,” said a North Carolina-based GOP strategist who was granted anonymity to speak candidly about the battleground picture. “If you’re not Trump and you have these people shoved down your throat, you’re like, ‘Okay, are you gonna help?’”
The White House did not immediately respond to a request for comment.
Some Republicans are worried that though Trump helped power Graham’s win, the president’s overall unpopularity may be more of a curse than a boon in any highly competitive battleground state. A series of Trump-backed candidates lost gubernatorial and congressional primaries in recent weeks, including in Georgia and Iowa.
Republicans overall are facing a tough election environment given the ongoing and unpopular war in Iran, backlash to the administration’s highly-visible deportation agenda and voters’ persistent cost of living concerns.
“You have a president and maybe even a vice president that are just so underwater politically in the polls, that they might be a help by not intervening,” said Matthew Bartlett, a GOP strategist and former State Department official in the first Trump administration.
Still, Trump swept the battlegrounds in 2024, and his ability to boost Graham despite her foreign policy debate gaffe and questions about her political inexperience serves as a reminder of his electoral prowess to campaign officials.
The question remains when — or if — he’ll throw them a presidential life raft.
“I wouldn’t count on the money if I were in these states,” said the North Carolina-based Republican strategist. “He still could. I’m just saying, I wouldn’t count on it. We’re not dealing with somebody that’s, you know, super calculated in the way they plan.”
For months, Republicans across the country have watched on as the president has continued to amass a remarkable pile of cash — and many have implored him to empty his pockets in their races. The president told reporters last week that he’ll spend “a lot of that money” to boost “Republican candidates that I think are good,” without being specific.
However, what some saw as a distraction from the greater Republican cause this year, others read as the first few drops of Trump’s cash flood.
“If they’re going to spend 800 grand in South Carolina, they’re going to spend in the midterms,” said Matt Mackowiak, a Republican strategist based in Texas who worked on Sen. John Cornyn’s failed reelection campaign and is now backing the GOP ticket. “It signals they’re going to make a substantial investment in the midterms because you don’t make an 800-grand investment in South Carolina and say, ‘Yeah, we’re going to let everybody do their own thing.’ This was in some ways a test case.”
Trump’s targeted support for Graham — the kind that some Republicans are banking on to shift the dial later this fall — paid off for her in dividends on election night. Horry County, the site of the president’s marquee rally with the candidate late last week, resoundingly broke for Graham.
Trump’s backing also helped open the door to endorsements from key South Carolina Republican figures, including fellow GOP Sen. Tim Scott, who helped Graham shore up support in his Charleston-area home base, Gov. Henry McMaster, and two members of the state’s congressional delegation, Reps. Russell Fry and William Timmons.
Outside spending also proved crucial to Graham’s success. Her campaign and its allies outspent Norman by more than $5 million in the runoff alone, according to AdImpact.
Trump’s allies took a victory lap after Graham’s victory was confirmed Tuesday evening.
“The power of the Trump endorsement is alive and well in South Carolina,” said Mike Hahn, a GOP strategist involved in the midterms. “A good opening salvo for the team at MAGA Inc. and the president ahead of the midterms.”
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