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10:33Now PlayingAttorneys Brian Kabateck and Shant Karnikian cover the Sixth Circuit's landmark ruling rejecting the DOJ's demand for Michigan's unredacted voter rolls, including partial Social Security numbers, driver's license data, and birth dates. It's the first federal appeals court to rule on the issue, and it went against the government. Judge Andre Mathis wrote that the DOJ was using the Civil Rights Act of 1960, a law designed to protect voters from Jim Crow-era discrimination, "for an inverse purpose: to ensure that some people have not voted." The DOJ has sued 30 states and D.C. seeking this data. Every court to rule on the merits, 10 for 10 across judges appointed by both parties, has ruled against the administration. The DOJ plans to run the data against DHS's SAVE database, a system that has repeatedly flagged lawful citizens as ineligible. One Texas plaintiff, a naturalized citizen, had his registration canceled after SAVE incorrectly flagged him. Brian and Shant note the constitutional problem: Article I gives states the power to run elections, with Congress, not the president's DOJ, as the only federal check. This will likely reach the Supreme Court. If the administration wins, every state's most sensitive voter data flows to a federal government that has already shown it will use its agencies as political instruments.
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