You Need ID to Buy Sudafed But Not to Vote — Thanks to an Obama Judge

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You Need ID to Buy Sudafed But Not to Vote — Thanks to an Obama Judge

You need a photo ID to buy a bottle of cough medicine at CVS. You need one to board a plane, open a bank account, rent a car, pick up a package at the post office, and buy a fishing license. But to vote for the person who controls the nuclear codes? A federal judge just ruled that's asking too much.

U.S. District Judge Denise Casper — appointed by Barack Obama in 2010 — permanently struck down President Trump's executive order requiring proof of citizenship to register to vote in federal elections. The ruling came down Tuesday in California v. Donald Trump, Case No. 25-cv-10810, out of the U.S. District Court for the District of Massachusetts.

Judge Casper declared sections 2(a), 3(d), 4(a), 7(a), and 7(b) of the executive order "unconstitutional and void because they are ultra vires and violate the separation of powers under the United States Constitution." In plain English: a president can't require you to prove you're a citizen before you help pick the next president. Apparently that's Congress's job, and Congress hasn't gotten around to it.

The ruling permanently enjoins the administration from "taking any action to implement or enforce § 2(a) of the Executive Order or otherwise taking any steps to require documentary proof of citizenship as part of the federal mail-in voter registration form provided for in 52 U.S.C. § 20508." Judge Casper had already issued a preliminary injunction back in June 2025, so this decision simply makes the block permanent.

Here's where it gets interesting. In her ruling, Judge Casper wrote that "there is no evidence in this record of widespread 'illegal voting, discrimination, fraud, and other forms of malfeasance and error' within American elections, which the Executive Order purports to safeguard against." No evidence. In the record. Which is a neat trick when the entire point of the executive order was to create a mechanism for finding that evidence.

You can't discover what you're not allowed to look for.

The administration's position is straightforward: only citizens should vote in federal elections, and a simple proof-of-citizenship requirement on the mail-in registration form — the federal post card form under 52 U.S.C. § 20301(b)(2) — would verify that. It's the same logic behind every ID requirement Americans already accept without complaint. Nobody pickets outside the DMV because they had to bring a birth certificate.

But the court's reasoning reveals a familiar pattern. The executive order is blocked not because proving citizenship is unreasonable, but because the wrong branch of government tried to require it. The judiciary says it's Congress's lane. Congress, of course, can't pass a resolution declaring Wednesday "Hump Day" without a filibuster fight. So the requirement sits in limbo — too important for the president to handle, too gridlocked for Congress to touch.

Election integrity remains one of the most contested policy areas in American politics. Every poll shows overwhelming bipartisan support for voter ID laws. Yet the legal machinery keeps grinding in the opposite direction.

The case is titled California v. Donald Trump. The state that hands out driver's licenses to non-citizens sued to make sure those same non-citizens don't have to prove they're citizens before voting.

That's not a contradiction. That's a feature.


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