Trump v. California · ¶35

A commonsense reading of the Executive Order, corroborated by the Government’s own representations, makes clear that the respondent States face a sufficiently concrete and imminent injury to satisfy Article III. Section 2 of the Executive Order has two subsections. Subsection 2(a) orders the Secretary of Homeland Security to create state Citizenship Lists of “confirmed” citizens who will be over the age of 18 as of an upcoming federal election. Subsection 2(b) then directs the Attorney General to prioritize the investigation and prosecution of state and local officials who provide ballots to individuals who are not eligible to vote, citing statutes prohibiting non-citizens from voting. The majority accepts the Government’s invitation to divorce 2(a) from 2(b), parsing the text of each subsection individually but refusing to read §2 as a unified whole. According to the majority, the…

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