A federal judge, appointed by President Biden and labeled an “activist judge” by conservative critics, has ruled that the federal government’s criminalization of noncitizens voting in federal elections is unconstitutional, asserting that the power to set voter qualifications rests solely with the states. U.S. District Judge David Leibowitz of the Southern District of Florida dismissed federal charges against a noncitizen who voted in the 2020 presidential election, finding that a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as applied, violates the Constitution by usurping the states’ authority. “The Constitution commits to the States, and the States alone, the general power to set voter qualifications in federal elections,” Leibowitz wrote, citing both the text of the document and historical debates. This ruling directly challenges the federal government’s ability to prosecute noncitizens for voting in federal elections and has ignited fierce debate, with critics like Senator Mike Lee arguing the decision is an overreach that undermines laws intended to protect election integrity and highlights the need for legislation like the Safeguard American Voter Eligibility (SAVE) Act. Legal experts are divided, with some contending that Congress possesses broad authority over naturalization and the activities of noncitizens, citing precedents like Bluman v. FEC, while others, like Judge Leibowitz, maintain that such powers are not absolute and cannot override the foundational constitutional assignment of voter qualifications to the states, setting the stage for a likely appeal and further legal battles over the delicate balance of federal and state power in regulating elections.
Adapted from: Latest Political News on Fox News
