Obama-appointed judge permanently blocks Trump order requiring proof of citizenship to vote

By 
, June 25, 2026

A federal judge appointed by Barack Obama has permanently struck down President Trump's executive order requiring proof of American citizenship to register to vote in federal elections, ruling that the president has no constitutional authority to set election rules. U.S. District Judge Denise Casper, sitting in Boston, converted a preliminary injunction she issued last year into a permanent ban, declaring five sections of the order unconstitutional.

The ruling in California v. Donald Trump hands a significant win to the 19 states that sued to block the order, and leaves a basic election-integrity safeguard without legal force at the federal level. The decision also adds to a growing string of courtroom defeats for the administration's election reform agenda, all delivered by judges appointed during Democratic administrations.

The core question the ruling sidesteps is a simple one: Why shouldn't voters have to prove they are citizens before casting a ballot in an American election?

What the executive order required

Trump signed the executive order in March 2025 under the title "Preserving and Protecting the Integrity of American Elections." It directed the Election Assistance Commission to add a documentary proof-of-citizenship requirement to the national mail-in voter registration form. It also sought changes to the federal post card form, used by military and overseas voters, to require either proof of citizenship or proof of eligibility to vote in the relevant state.

Beyond registration, the order addressed late-arriving mail ballots and threatened to withhold federal funds from states that refused to comply, as the Washington Times reported. The stated purpose was to safeguard against "illegal voting, discrimination, fraud, and other forms of malfeasance and error" in American elections.

Judge Casper was unpersuaded. She declared Sections 2(a), 3(d), 4(a), 7(a), and 7(b) of the order unconstitutional and void, finding them "ultra vires and violating the separation of powers under the United States Constitution." Her permanent injunction bars all defendants except President Trump personally from implementing or enforcing the proof-of-citizenship provisions.

The court's reasoning, and what it ignores

Casper's central holding is that the Constitution does not give the president any specific powers over elections. That authority, she wrote, belongs to the states and to Congress. On that basis, she found the executive order exceeded presidential power.

MORE:  Florida Republican Salazar breaks with Trump on immigration enforcement weeks before midterms

Fox News reported that Casper is the second federal judge to rule against the order. U.S. District Judge Colleen Kollar-Kotelly issued a separate ruling against it in April 2025. Both judges were appointed by Democratic presidents.

Casper also declared that "there is no evidence in this record of widespread 'illegal voting, discrimination, fraud, and other forms of malfeasance and error' within American elections." That framing deserves scrutiny. The absence of evidence in a single court record is not the same as the absence of a problem, particularly when the mechanisms to detect noncitizen voting remain weak in most states. A system that does not check for fraud is poorly positioned to certify that fraud does not exist.

The FBI has in fact deployed agents to investigate voter fraud in at least one major American city. Whether or not such cases rise to the level of "widespread," they undercut the court's breezy assurance that all is well.

A pattern on the bench

The ruling fits a familiar pattern. Obama-appointed judges have repeatedly served as the last line of resistance against Trump administration policies, not just on elections, but across the executive branch. Federal judges have blocked the administration's efforts on everything from SNAP benefit reforms to immigration fees.

That pattern raises a legitimate question about judicial temperament and institutional neutrality. When the same cohort of judges, appointed by the same president, consistently reaches the same conclusion, that this administration cannot act, voters are entitled to wonder whether the rulings reflect legal principle or political preference.

Concerns about judicial conduct among Obama appointees have surfaced in other high-profile cases as well. The pattern does not prove bias in any individual case, but it does erode public confidence in the judiciary's claim to stand above politics.

Casper was appointed to the District of Massachusetts in 2010. She has presided over this case since California and its coalition of plaintiff states filed suit. The case number, 25-cv-10810, marks it as one of the earliest legal challenges to the order.

MORE:  Federal judge blocks Kennedy Center closure, orders Trump's name removed from building

The political response

The White House pushed back firmly. Spokeswoman Abigail Jackson told the Associated Press that "the President's executive order lawfully protects our elections, and we are confident that we will ultimately prevail in its implementation." Whether the administration will appeal to the First Circuit was not addressed in the ruling or the immediate statements.

California Attorney General Rob Bonta celebrated the decision but acknowledged the fight is far from over. "While we are proud of this result, we are clear-eyed that President Trump's attacks on voting rights and our elections show no signs of slowing down," Bonta said, as reported by the New York Post.

New York Attorney General Letitia James struck a loftier tone:

"Generations of Americans fought tirelessly for the right to vote, and we honor their legacy by protecting that right against anyone who tries to undermine it."

What James did not explain is how requiring proof of citizenship "undermines" anyone's right to vote. Citizens who can prove their citizenship lose nothing under the executive order. The only people burdened are those who cannot, or will not, demonstrate that they are legally entitled to cast a ballot. Framing citizenship verification as voter suppression requires treating the act of voting and the right to vote as identical, when they are not. The right belongs to citizens. Verification protects that right.

Congress holds the key

If the court's reasoning is taken at face value, that only Congress can impose citizenship-verification requirements on federal voter registration, then the remedy is legislative, not judicial. Newsmax reported that Trump traveled to Capitol Hill to lobby for the SAVE America Act, which would provide the statutory authority for the very citizenship-verification requirements that courts have struck down as executive overreach.

The SAVE Act would accomplish legislatively what the executive order attempted by directive. If Congress passes it, the separation-of-powers objection evaporates. The question then becomes whether congressional Democrats, and enough Senate Republicans, are willing to go on record opposing a requirement that voters prove they are citizens.

That vote would be clarifying. The progressive argument against proof of citizenship rests on the claim that noncitizen voting is too rare to justify the burden of verification. But the same officials who make that argument resist every effort to measure the problem. They oppose voter-roll audits, citizenship checks, and cross-referencing with immigration databases. They then cite the absence of data as proof that the problem does not exist. It is a closed loop designed to prevent accountability.

MORE:  House sends Russia and Iran sanctions bill named for Lindsey Graham to Trump's desk

Judges in other election-related legal disputes have faced their own questions about impartiality and conduct. The broader trend suggests that election law has become one of the most politically charged areas of federal litigation, a space where the identity of the judge often predicts the outcome.

What comes next

The permanent injunction does not end the legal battle. The administration has signaled confidence that it will prevail on appeal. The case could eventually reach the Supreme Court, where the question of presidential authority over election administration would receive a definitive answer.

In the meantime, the federal mail-in voter registration form will continue to operate without a proof-of-citizenship requirement. Applicants will attest to their citizenship under penalty of perjury, a deterrent that depends entirely on enforcement, which in most jurisdictions is functionally nonexistent.

The ruling also leaves the federal post card form unchanged, meaning military and overseas voters will not face additional verification requirements. That provision drew less controversy, but its inclusion in the injunction underscores the breadth of Casper's ruling.

Five sections of the executive order now stand voided. Two are permanently enjoined. The Election Assistance Commission is barred from acting on the president's directive. And the 19 plaintiff states, led by California, have established, at least for now, that the executive branch cannot require voters to prove they belong to the political community whose government they are choosing.

In most areas of life, proving you are who you say you are is not oppression. It is common sense. That it takes an act of Congress to apply that principle to voting tells you everything about who benefits from the current system, and who is fighting to keep it in place.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson