Trump v. California · ¶20

The States lack standing to challenge §2(b) for much the same reason: It does nothing to them. This provision directs the Attorney General to “prioritize” the investigation and prosecution of those who violate existing federal laws by issuing ballots to ineligible voters. 91 Fed. Reg. 17126 (collecting statutes). Setting prosecutorial priorities lies within the President’s Article II power. And his decision to prioritize the prosecution of certain offenses does not inflict a traditionally recognized harm on the States. See TransUnion, 594 U. S., at 424–425.

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