Trump v. California · ¶18

Perhaps recognizing the weakness of that standing rationale, the Court of Appeals added another: §2(a) infringes the States’ sovereign authority to create election rules. But §2(a) does no such thing. Instead, it simply directs the Secretary to take certain actions if appropriate, feasible, and lawful. 91 Fed. Reg. 17125–17126. This internal directive does not regulate the States’ voter registration processes. Nor does it impinge on the States’ authority “‘to create and enforce a legal code’ for elections.” Contra, App. to Application in No. 26A124, p. 13a.

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