24A164 REPUBLICAN NAT. COMM., ET AL. V. MI FAMILIA VOTA, ET AL.
The application for stay presented to Justice Kagan and by her referred to the Court is granted in part and denied in part. The district court’s May 2, 2024 judgment is stayed only to the extent it enjoins enforcement of Ariz. Rev. Stat. Ann. § 16-121.01(C) (2023) pending disposition of the appeals in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if any such writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
The application is denied as to Ariz. Rev. Stat. Ann. §§ 16-121.01(E) and 16-127(A).
Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application in full.
Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would deny the application in full.
Link to Supreme Court interlocutory docket in this case.
Roberts and Kavanaugh split, allowing voters who cannot prove citizenship to register using the Federal form but allowing Arizona to reject voters who cannot prove citizenship from registering using the Arizona State form.
Barrett joined with the liberal block in what I believe to be the correct position, recognizing that Federal law preempts State law entirely on this issue.
Thankfully, today’s decision leaves those 41,000 potential voters a path to voting in November. It is highly likely that all these people are indeed citizens, just having difficultly in getting the necessary documentation to prove their citizenship.
With tens of millions of people in the United States illegally or with a status other than that of a citizen, what is the basis for believing every one of these 41,000 people in a border state is indeed a citizen?
All of them attested, under penalty of perjury, that they were indeed citizens under the previous procedures in Arizona. And using the current system of driver’s licenses and other acceptable photo ID’s, it is possible to verify this, without needing the procurement of underlying citizenship documents. Many people do not have ready access to these documents and if lost, it can be exceedingly difficult and time consuming to replace them.
Arizona’s law is more likely to disenfranchise a lawful citizen who currently lacks the required documentation, than to actually catch an illegal trying to vote. The current system is sufficient to deter illegals from even trying to register or vote.
But at the end of the day, that is not even the point that matters.
The point that matters and was fully impressed upon Justice Barrett and partially impressed upon the Chief Justice and Justice Kavanaugh is that Federal election law preempts State election law.
6 Justices voted to enjoin the Arizona law as it related to Federal election forms. Roberts and Kavanaugh did not bother to explain how preemption does not work completely across the board, so we will have to wait several months at least to find out that answer.
What is wrong with Arizona? I lost my birth certificate in my last house move and got on the computer and requested an additional copy be sent from the states records department.
The SCOTUS is attempting to put honesty and integrity into our election process so that the masses can have faith in the outcome. Get your own doo-doo together before you can have a vote affecting the doo-doo of the nation.
In the age of computers there should be ONE click on the computer and Citizenship shows up or it doesn’t.
WHY isn’t there a databse for Citizenship !!!
Only because Ds can NOT cheat if there is one.
With all due respect my dear OP here is how I feel about it.
Voting is as important as the other items/rights in the Constitution.
But…
If I go to buy food and am 55 cents short I will NOT be alowed to walk out of the store with that item in my hand.
Same at the Pharmacy, if I am 55 cents short Ill walk out without my medicine.
If I have unpaid trafic tickets Ill be arrested and DENIED my Freedom.
Without house insurance if my house burns down I WILL be homeless.
SO…if I don’t have a Citizenship proof I just DON’T VOTE.
Isn’t that simple, fair and DEMOCRATIC?
My position on the idea that the current model of voter registration is outdated has nothing to do with “D” or “R”.
It has to do with the reality of today in a highly mobile information age society. The government ALREADY knows who are citizens (wither born or naturalized) and that should be the basis for determining voter eligibility with the exception being if the franchise is removed through court action (such as a felony conviction of determination of mental incompetence).
Because “government” is a generalized term and not descriptive of compartmentalization.
Election officials have access to State election databases, they don’t have access to all relevant information.
They don’t have a central clearing house at the national level clearing house of voter eligibility data where information is shared between all states, territories, Department of State, Internal Revenue Service, Social Security Administration, Federal & State Courts, etc. Pertaining to (a) active/inactive [alive or dead], (b) current primary address, and (c) disenfranchisement status (felony, mentally incompetent, etc.).
…central clearing house at the national level…
a briliant idea.
We sent men to the Moon…so I know it can be done.
WHO is fighting it is the point.
We ALL know WHY theyre fighting it.
