‘Activist judge’ rules Congress cannot bar noncitizens from voting in federal elections, tell me about this news today

The news revolves around a ruling issued in federal court in Miami by U.S. District Judge David S. Leibowitz, who dismissed a criminal prosecution under the federal statute that bars noncitizens from voting (18 U.S.C. § 611).

The case involved Chelsea Michelle Ann Cox, a Florida resident accused by federal prosecutors of falsely registering and voting in the 2020 election. Instead of ruling on the factual guilt or innocence of the defendant, Judge Leibowitz dismissed the charge on constitutional grounds.

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The core of the ruling rests on states’ rights and constitutional structure:

• Under Article I, Article II, and the 17th Amendment of the U.S. Constitution, the authority to set qualifications for electors is explicitly granted to the individual states, not to Congress.

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• Because the Constitution assigns voter qualification powers to the states, the judge held that Congress exceeded its constitutional authority when it enacted the 1996 federal law criminalizing noncitizen voting.

Critics and conservative commentators quickly labeled the ruling as the work of an “activist judge,” arguing that the federal government possesses inherent authority over immigration, border security, and preventing foreign interference in national elections.

The ruling does not make noncitizen voting legal. Every U.S. state already has laws requiring voter citizenship, meaning noncitizen voting remains illegal under state law across the country. The decision solely addresses whether the federal government has the power to enact a standalone federal criminal ban, or whether prosecution and enforcement must reside strictly with the states. The ruling is expected to face an immediate appeal by the Department of Justice.

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