Trump v. California · ¶21

The States try to avoid this straightforward analysis by misreading the Order. They insist that §2(b) credibly threatens them with prosecution if they do not use the Citizenship Lists from §2(a). See Opposition to Applications 21–22, 29–30; see also post, at 2–3 (SOTOMAYOR, J., dissenting); post, at 14–15 (JACKSON, J., dissenting). But that view is inconsistent with the text of §2. The States concede that §2(a) does not require them to use the Lists at all (assuming they receive them in the first place). Opposition to Applications 21. So it is logically impossible for a State to “violate” §2(a)—and §2(b) does not suggest otherwise. Section 2(b) directs the Attorney General to “prioritize” prosecutions of those who violate federal election laws. It then provides an array of existing statutes for the Attorney General to enforce. 91 Fed. Reg. 17126. Absent is any reference to Citizenship…

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