Supreme Court's Virginia Ruling Stuns Legal Analysts: 'Disgraceful'

Legal experts expressed shock at Wednesday's Supreme Court ruling that supported the removal of noncitizen voters from Virginia's voter rolls.

The six-justice conservative majority allowed Virginia to continue a program to remove about 1,600 noncitizens. The three liberal justices disagreed.

Non-citizens are not allowed to vote in elections, but the immigration status of the 1,600 residents is disputed.

A federal court in Alabama invoked the Purcell Principle on Tuesday, saying its changes to how mail-in ballots are handled should not be implemented until after the 2024 presidential election. It is generally accepted that changes should not be made in the days before an election to avoid confusion among poll workers.

In response to the Supreme Court's decision, former federal prosecutor Joyce Vance commented on removing voters from the rolls. The liberal justices all disagree.

Lawyer and legal commentator Laurence Tribe wrote on X that the Supreme Court's decision was “a bad sign.”

“It suggests that an unpunished Supreme Court is willing to help Trump suppress legitimate votes on the flimsiest of grounds. “I still think the Roberts Six won’t succeed, but it won’t be for lack of trying,” Tribe added.

The Roberts Six refers to the six conservative justices on the Supreme Court, including Chief Justice John Roberts.

Marc E. Elias, an attorney and founder of the watchdog group Democracy Docket, wrote that the Supreme Court “reinstated Virginia Gov. Glenn Youngkin’s voter purge program.”

“This only affects a small number of people, but is a wrong decision given clear federal law,” Elias said.

Newsweek sought emailed comment Wednesday from Youngkin's office and Donald Trump's presidential campaign.

On its website, Democracy Docket states that it is an “advanced platform for information, analysis and opinions on voting rights, elections and democracy.”

Philip Kline, the former Republican attorney general of Kansas, welcomed the decision.

On

David Gelman, a lawyer who explains in his X-profile that he is a legal representative for Donald Trump, also expressed his support.

“It wasn’t just the right decision, it was the only decision! Thank you SCOTUS for doing the right thing in this purely political legislation,” Gelman wrote on X.

The Supreme Court's injunction prevents a federal judge from adding the 1,600 voters back to the voter rolls before Election Day.

U.S. District Judge Patricia Giles, an appointee of President Joe Biden, ruled Friday that the removal of the 1,600 violated federal law because it occurred during a 90-day “quiet period” before a presidential election.

The quiet period is mandatory to avoid the risk of legitimate voters being inadvertently excluded shortly before the election.

On Sunday, the 4th U.S. Circuit Court of Appeals upheld Judge Giles' original decision, finding that Virginia's data matching efforts did not adequately prove that the deportees were noncitizens.

The state's plan flagged people for deportation if they either checked a box on a Department of Motor Vehicles (DMV) form indicating they were not citizens or left that box blank. State officials said every flagged voter received a notice and had two weeks to challenge the exclusion.

Youngkin wrote on X: “We are pleased with today’s order from the Supreme Court. “This is a victory for common sense and electoral justice.” He added: “Clean voter rolls are an important part of a comprehensive approach we are taking to ensure the fairness of our elections.”