DOJ says the challenged actions rest on constitutional and statutory authority

United States Department of JusticeDepartment of Justice, in its brief for the defendants (Civil Division, Federal Programs Branch)

Defended or excused

DOJ says the executive branch may investigate and prosecute violations of the federal ban on noncitizen voting within the limits of its lawful authority, notes that the statute is not challenged, and says the defendants' challenged actions are supported by constitutional and statutory authority.

Responding to

The executive branch has no authority to direct states to remove registered voters from their rolls, to withhold ballots from registered voters, or to set aside or refuse to count the ballots they cast.

“The Executive Branch may investigate and prosecute alleged violations of that federal prohibition within the limits of its lawful authority. That statute is not challenged here. Thus, Defendants' challenged actions are supported by the double font of constitutional and statutory authority, making Defendants' likelihood of success on the merits strong.”

Original text

Read the original text (opens in a new tab)Defendants' opposition to the motion for a temporary restraining order and preliminary injunction, DSCC v. Trump, No. 1:26-cv-03674 (D.D.C. Oct. 28, 2026), ECF 25 · United States Department of JusticeECF 25, introduction (pp. 1-2) and standing argument (p. 8)

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Where this statement fits

Democratic leaders sue to stop federal demands on state voter rolls and ballots; DOJ says its letters to states have no legal effect

Democratic committees and congressional leaders ask a federal judge to bar the administration from directing states to remove voters, withhold ballots or set ballots aside. DOJ says its letters to states are non-binding and that the plaintiffs lack standing.

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Source and context

Original text

Defendants' opposition to the motion for a temporary restraining order and preliminary injunction, DSCC v. Trump, No. 1:26-cv-03674 (D.D.C. Oct. 28, 2026), ECF 25 (opens in a new tab) · United States Department of JusticeECF 25, introduction (pp. 1-2) and standing argument (p. 8)

About this source

DOJ's 53-page brief for all defendants. It argues that the letters to states are not self-executing, that the plaintiffs lack standing, that the executive branch may enforce the federal ban on noncitizen voting, and that the requested injunction is overbroad.

Archived copy (opens in a new tab)

Before the quotation

The brief says that despite states' traditional authority in managing elections, Congress has made noncitizen voting in federal elections unlawful under 18 U.S.C. 611.

After the quotation

The brief then argues that the government's interest in combating voter fraud outweighs what it calls the plaintiffs' speculative injuries, and asks the court to deny the motion.

How this statement is classified

Defended or excused

The label describes this statement's response within the context above.

Why this label?

DOJ defends the actions the plaintiffs challenge, saying they are supported by constitutional and statutory authority.

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The Dispute Index
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DOJ says the challenged actions rest on constitutional and statutory authority
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The Dispute Index. "DOJ says the challenged actions rest on constitutional and statutory authority". First published: 2026-11-02. Last updated: 2026-11-02. https://disputeindex.com/events/7764-doj-says-the-executive-branch-may-investigate-and