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
Biden pays respects as former Minnesota House Speaker Hortman, killed in shooting, lies in state
ST. PAUL, Minnesota — Former President Joe Biden joined thousands of mourners Friday as former Minnesota House Speaker Melissa Hortman lay in state in the Minnesota Capitol rotunda while the man charged with killing her and her husband, and wounding a state senator and his wife, made a brief court appearance in a suicide prevention suit.
Hortman, a Democrat, is the first woman and one of fewer than 20 Minnesotans accorded the honor. She lay in state with her husband, Mark, and their golden retriever, Gilbert. Her husband was also killed in the June 14 attack, and Gilbert was seriously wounded and had to be euthanized. It was the first time a couple has lain in state at the Capitol, and the first time for a dog.
The Hortmans’ caskets and the dog’s urn were arranged in the center of the rotunda, under the Capitol dome, with law enforcement officers keeping watch on either side as thousands of people who lined up filed by. Many fought back tears as they left.
Among the first to pay their respects were Gov. Tim Walz, who has called Hortman his closest political ally, and his wife, Gwen. Biden, a Catholic, visited later in the afternoon, walking up to the velvet rope in front of the caskets, making the sign of the cross, and spending a few moments by himself in silence. He then took a knee briefly, got up, made the sign of the cross again, and walked off to greet people waiting in the wings of the rotunda.
The Capitol was open for the public from noon to 5 p.m. Friday, but officials said anyone waiting in line at 5 would be let in. House TV livestreamed the viewing. A private funeral is set for 10:30 a.m. Saturday and will be livestreamed on the Department of Public Safety’s YouTube channel.
Biden will attend the funeral, a spokesperson said. So will former Vice President Kamala Harris, though neither is expected to speak. Harris expressed her condolences earlier this week to Hortman’s adult children, and spoke with Walz, her running mate on the 2024 Democratic presidential ticket, who extended an invitation on behalf of the Hortman family, her office said.
Lisa Greene, who lives in Brooklyn Park like Hortman did, but in a different House district, said she came to the Capitol because she had so much respect for the former speaker.
“She was just amazing. Amazing woman. “And I was just so proud that she represented the city that I lived in,” Greene said in a voice choked with emotion. “She was such a leader. She could bring people together. She was so accessible. I mean, she was friendly, you could talk to her.” But, she went on to say admiringly, Hortman was also “a boss. She just knew what she was doing and she could just make things happen.”
A hearing takes a twist: The man accused of killing the Hortmans and wounding another Democratic lawmaker and his wife made a short court appearance Friday to face charges for what the chief federal prosecutor for Minnesota has called “a political assassination.” Vance Boelter, 57, of Green Isle, surrendered near his home the night of June 15 after what authorities have called the largest search in Minnesota history.
An unshaven Boelter was brought in wearing just a green padded suicide prevention suit and orange slippers. Federal defender Manny Atwal asked Magistrate Judge Douglas Micko to continue the hearing until Thursday. She said Boelter has been sleep deprived while on suicide watch in the Sherburne County Jail, and that it has been difficult to communicate with him as a result.
“Your honor, I haven’t really slept in about 12 to 14 days,” Boelter told the judge. And he denied being suicidal. “I’ve never been suicidal and I am not suicidal now.”
Atwal told the court that Boelter had been in what’s known as a “Gumby suit,” without undergarments, ever since his transfer to the jail after his first court appearance on June 16. She said the lights are on in his area 24 hours a day, doors slam frequently, the inmate in the next cell spreads feces on the walls, and the smell drifts to Boelter’s cell.
The attorney said transferring him to segregation instead, and giving him a normal jail uniform, would let him get some sleep, restore some dignity, and let him communicate better. The judge agreed.
Prosecutors did not object to the delay and said they also had concerns about the jail conditions.
The acting U.S. attorney for Minnesota, Joseph Thompson, told reporters afterward that he did not think Boelter had attempted to kill himself.
The case continues: Boelter did not enter a plea. Prosecutors need to secure a grand jury indictment first, before his arraignment, which is when a plea is normally entered.
According to the federal complaint, police video shows Boelter outside the Hortmans’ home and captures the sound of gunfire. And it says security video shows Boelter approaching the front doors of two other lawmakers’ homes dressed as a police officer.
His lawyers have declined to comment on the charges, which could carry the federal death penalty. Thompson said last week that no decision has been made. Minnesota abolished its death penalty in 1911. The Death Penalty Information Center says a federal death penalty case hasn’t been prosecuted in Minnesota in the modern era, as best as it can tell.
Boelter also faces separate murder and attempted murder charges in state court that could carry life without parole, assuming that county prosecutors get their own indictment for first-degree murder. But federal authorities intend to use their power to try Boelter first.
Other victims and alleged targets: Authorities say Boelter shot and wounded Democratic state Sen. John Hoffman, and his wife, Yvette, at their home in Champlin before shooting and killing the Hortmans in their home in the northern Minneapolis suburb of Brooklyn Park, a few miles away.
Federal prosecutors allege Boelter also stopped at the homes of two other Democratic lawmakers. Prosecutors also say he listed dozens of other Democrats as potential targets, including officials in other states. Friends described Boelter as an evangelical Christian with politically conservative views. But prosecutors have declined so far to speculate on a motive.
Politics
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