Virginia asks SCOTUS to overrule Biden judge's reinstatement of suspected noncitizens to voter rolls



The Commonwealth of Virginia has played what might be its last card against the Biden-Harris Department of Justice, betting the U.S. Supreme Court might allow election officials to resume taking noncitizens off the state's voter rolls.

Like other red states, Virginia has worked diligently to remove foreign nationals from its voter rolls in an effort to ensure that only American citizens are casting ballots in this election. These efforts, ramped up by Gov. Glenn Youngkin via executive order on Aug. 7, drew the ire of the DOJ, which sued earlier this month to foil the election integrity initiative — just as it had sued Alabama weeks earlier.

A Biden-nominated district judge obliged the DOJ Friday, ruling that Virginia — where the latest Quantus Insights poll shows Kamala Harris leading President Donald Trump by only one percentage point — must restore the voter registrations of thousands of individuals who allegedly identified as foreign nationals.

Virginia asked the 4th Circuit to put a hold on Judge Patricia Tolliver Giles' order, but a pair of Obama-appointed judges and another Biden appointee denied the request Sunday.

'About 1,000 presented noncitizen residency documents to DMV and were then positively identified as noncitizens.'

Left with one more option, Republican state officials turned to the U.S. Supreme Court, filing late Sunday night for an emergency stay of Giles' injunction, which is scheduled to go into effect on Wednesday.

Virginia Attorney General Jason Miyares stated upon filing, "Americans citizens — and no one else — should determine American elections."

Youngkin responded, "It's commonsense: noncitizens shouldn't be on our voter rolls."

According to the commonwealth's emergency application, the injunction sought by the Biden-Harris DOJ will "irreparably injure Virginia's sovereignty, confuse her voters, overload her election machinery and administrators, and likely lead noncitizens to think they are permitted to vote, a criminal offense that will cancel the franchise of eligible voters."

Blaze News previously reported that Giles claimed the removals were a "clear violation" of the National Voter Registration Act's quiet period provision, which requires states to complete programs intended to systematically remove the names of ineligible voters from registration lists by no later than 90 days prior to a primary election or general election for federal office.

Virginia's emergency application stressed that contrary to Giles' understanding and the DOJ's claim, the commonwealth's process is not systematic — which would run afoul of the NVRA — but is instead individualized. Moreover, the state indicated the lesser court's injunction was based on a provision of the NVRA that "does not even apply to the removal of noncitizens and other voter registrations that are void ab initio."

The state told the high court that of the over 1,600 suspected noncitizens whom the Biden judge ordered back onto the voter rolls, "About 600 of these individuals personally informed Virginia's Department of Motor Vehicles (DMV) that they are not citizens, and about 1,000 presented noncitizen residency documents to DMV and were then positively identified as noncitizens through the United States' own Systematic Alerian Verification for Entitlements (SAVE) database."

Chief Justice John Roberts requested that the opponents of Virginia's election integrity initiative respond to the state's emergency appeal by Tuesday afternoon, CNN indicated, a signal that the high court will act swiftly.

Hans von Spakovsky, a senior legal fellow at the Heritage Foundation, recently told the Daily Caller that the Biden-Harris DOJ's lawsuits against Virginia and Alabama are the "exact opposite of what DOJ should be doing, it is a criminal violation ... — in fact, it's a felony for an alien to register to vote."

"And so what the DOJ ought to be doing is going to Virginia and saying, 'Can you please give me the files of each of these voters so we can investigate and potentially prosecute them?' And no, instead, they're saying, 'No, you have to keep on the voter rolls aliens who are breaking federal law,'" continued von Spakovsky.

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Federal judge grants the Biden-Harris DOJ's wishes regarding noncitizen voters in Virginia



The Biden-Harris Department of Justice sued the Commonwealth of Virginia earlier this month in an attempt to arrest and reverse its efforts to keep noncitizens off the voter rolls.

A Biden-nominated judge obliged the DOJ Friday, ruling that Virginia must restore the registrations of over 1,600 individuals allegedly identified as noncitizens.

According to Bloomberg News, Judge Patricia Tolliver Giles claimed the removals were a "clear violation" of the National Voter Registration Act's quiet period provision, which requires states to complete programs intended to systematically remove the names of ineligible voters from registration lists by no later than 90 days prior to a primary election or general election for federal office.

The Biden judge ordered the state to dispatch notices to everyone whose registration was canceled under Youngkin's individualized voter roll cleanup program.

Giles indicated that these notices must go out even to those who election officials have reason to believe are noncitizens, telling the state's lawyer, "I'm not dealing with beliefs. I'm dealing with evidence."

Charles Cooper, a lawyer for the state, told the court, "Congress couldn't possibly have intended to prevent the removal ... of persons who were never eligible to vote in the first place," reported the Associated Press.

'It should never be illegal to remove an illegal voter.'

Republican Gov. Glenn Youngkin indicated that Virginia will appeal the ruling and, if necessary, take the the matter all the way to the U.S. Supreme Court for an emergency stay of the injunction.

"Let's be clear about what just happened: only eleven days before a Presidential election, a federal judge ordered Virginia to reinstate over 1,500 individuals — who self-identified themselves as noncitizens — back onto the voter rolls," Youngkin said in a statement.

The governor noted further that the state was simply following through on a law "passed in 2006, signed by then-Governor Tim Kaine, that mandates certain procedures to remove noncitizens from the voter rolls, with safeguards in place to affirm citizenship before removal — and the ultimate failsafe of same-day registration for U.S. citizens to cast a provisional ballot. This law has been applied in every presidential election by Republicans and Democrats since enacted 18 years ago."

Blaze News previously reported that Youngkin issued an executive order on Aug. 7, exactly 90 days before the general election, requiring both that the commissioner of the Virginia Department of Elections routinely update voter lists to remove individuals identified as noncitizens and that the state Department of Motor Vehicles expedite the interagency data-sharing with the DOE with regard to noncitizen transactions.

"Call me crazy, but I think American elections should be decided by American citizens and Virginia elections should be decided by Virginians," Youngkin said in an interview.

The DOJ swooped in with a lawsuit on Oct. 11, claiming the initiative violated Section 8(c)(2) of the NVRA.

Former Virginia Attorney General Richard Cullen, Youngkin's lawyer, contended that the program was kosher because it is not a systematic program but rather an individualized process that begins with "individuals themselves indicating that they are a noncitizen during a DMV transaction."

Virginia Attorney General Jason Miyares said of Giles' ruling, "It should never be illegal to remove an illegal voter. Yet, today a Court — urged by the Biden-Harris Department of Justice — ordered Virginia to put the names of non-citizens back on the voter rolls, mere days before a presidential election.

Miyares suggested that this is a clear case of the Biden-Harris administration weaponizing the legal system "against the enemies of so-called progress."

"That is the definition of lawfare," continued the state attorney general. "To openly choose weaponization over good process and lawfare over integrity isn't democracy: It's bullying, pure and simple, and I always stand up to bullies."

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Virginia punches back after Biden-Harris DOJ sues to halt purge of noncitizens from voter rolls



The Biden-Harris Department of Justice is working frantically to challenge state efforts to remove noncitizens from voter rolls in two states ahead of the election.

Just weeks after the DOJ sued Alabama and its top election official over the state's efforts to ensure that only American citizens would get to determine the fate of the state and country, the DOJ filed a lawsuit on Oct. 11 against the Commonwealth of Virginia, the Virginia State Board of Elections, and Virginia Commissioner of Elections, claiming the noncitizen voter purge was too close to Election Day.

Republican Gov. Glenn Youngkin characterized the lawsuit as "politically motivated" election interference, and his lawyer, former Virginia Attorney General Richard Cullen, maintains that Virginia's efforts are entirely lawful.

Of apparent concern to the Biden-Harris DOJ is Section 8(c)(2) of the National Voter Registration Act — the Quiet Period Provision — which requires states to complete programs intended to systematically remove the names of ineligible voters from registration lists by no later than 90 days prior to a primary election or general election for federal office. It does not, however, preclude correction of a registrant's information.

The DOJ's contention is that the removal of likely noncitizens from voter rolls before the election not only violates this provision but is problematic because the removals "may be error-ridden, cause voter confusion and remove eligible voters days or weeks before Election Day who may be unable to correct the State's errors in time to vote or may be dissuaded from voting at all."

Virginia Gov. Glenn Youngkin (R) issued an executive order on Aug. 7, exactly 90 days before the general election, requiring both that the commissioner of the Virginia Department of Elections regularly update voter lists to remove individuals identified as noncitizens and that the state Department of Motor Vehicles expedite the interagency data sharing with the DOE with regards to noncitizen transactions.

Youngkin further indicated that 6,303 noncitizens who had "accidentally or maliciously attempted to register" to vote had been scrubbed from the voter rolls between January 2022 and July 2024.

"Call me crazy, but I think American elections should be decided by American citizens and Virginia elections should be decided by Virginians," Youngkin said in an interview. "That's why this executive order is so important because it does make sure that we have clean voter rolls."

Trump lauded the initiative, noting in a Truth Social post that the Virginia governor is "TAKING A STRONG LEAD IN SECURING THE ELECTION IN NOVEMBER — PROTECTING EVERY LEGAL VOTE AND KEEPING ILLEGAL ALIENS THAT HAVE BEEN LET INTO OUR COUNTRY FROM VOTING."

"EVERY STATE SHOULD FOLLOW VIRGINIA'S LEAD," added Trump.

Youngkin's EO tasked elections officials with checking the list of individuals flagged as noncitizens by the DMV with the list of existing registered voters. Voters identified as noncitizens are those who chose "No" in response to questions about their American citizenship on forms submitted to the DMV.

Local registrars were, in turn, tasked with notifying those whose names overlapped the two lists that they had two weeks to affirm their citizenship or face cancellation.

The DOJ alleges that this process was carried out into the quiet period, in violation of the NVRA — citing Commissioner Susan Beals' Sept. 19 confirmation that removals were ongoing — and has also resulted in American citizens having their voter registrations canceled.

'Virginians — and Americans — will see this for exactly what it is: a desperate attempt to attack the legitimacy of the elections in the Commonwealth.'

The DOJ is demanding not only the restoration of the "ability of impacted eligible voters to vote unimpeded on Election Day" but that Virginia halt its program removing noncitizens from voter rolls.

Virginia is not taking the DOJ's intervention lying down.

"With less than 30 days until the election, the Biden-Harris Department of Justice is filing an unprecedented lawsuit against me and the Commonwealth of Virginia, for appropriately enforcing a 2006 law signed by Democrat Tim Kaine that requires Virginia to remove noncitizens from the voter rolls — a process that starts with someone declaring themselves a non-citizen and then registering to vote," Youngkin said in an Oct. 11 statement.

"Virginians — and Americans — will see this for exactly what it is: a desperate attempt to attack the legitimacy of the elections in the Commonwealth, the very crucible of American Democracy," continued Youngkin. "With the support of our Attorney General, we will defend these commonsense steps, that we are legally required to take, with every resource available to us. Virginia's election will be secure and fair, and I will not stand idly by as this politically motivated action tries to interfere in our elections, period."

Youngkin's lawyer, Richard Cullen, outlined the state's likely defense in a memo obtained by WRIC-TV, stressing that Virginia's program does not violate federal law because it is not a systematic program but rather an individualized process that begins with "individuals themselves indicating that they are a noncitizen during a DMV transaction."

University of Richmond Law Professor Henry Chambers told WRIC, "You can have narrowly tailored specified reasons for knocking folks off the list, that essentially the argument that is being made in the memo."

Cullen's memo noted further that the state affords impacted voters ample notice and time to demonstrate their eligibility and citizenship prior to cancellation.

The Virginia Mercury reported that state Sen. Bill Stanley (R) has indicated the Biden-Harris DOJ is trying to make something out of nothing.

"There are failsafe measures to this," said Stanley. "Even if they are subsequently removed from the rolls, let's say, in error, those persons can still register to vote on Election Day under our 'same day' registration law. So I fail to see why the federal government is doing this but for no other reason but to try to upset our otherwise sound voter registration process here in Virginia for political purposes."

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Virginia Gov. Youngkin vetoes 30 anti-gun bills, keeping law-abiding citizens armed and Democrats angry



Virginia Gov. Glenn Youngkin (R) blew away 30 bills this week that he figured encroached on the rights of law-abiding citizens, including a Democratic bill prohibiting the sale or possession of new so-called "assault" rifles.

Among the bills Youngkin ultimately shot down were:

  • HB 2, a Democratic bill that would ban the sale or possession of new "assault rifles";
  • HB 454, a Democratic bill that would have criminalized an otherwise law-abiding citizen's possession of a firearm in a building owned or operated by a college or university — which Youngkin noted was unnecessary granted the present ability of institutions of higher education to implement prohibitions on their respective campuses;
  • HB 585, a Democratic bill that would have barred firearms sales within 1.5 miles of an elementary or middle school — which the governor said appeared "unconstitutional, retaliatory, and arbitrary";
  • HB 799, a Democratic bill that would have required the submission of fingerprints with an application for a concealed handgun permit or permit renewal — which Youngkin said "targets individuals already subject to background checks and mandatory training, creating superfluous and onerous restrictions on responsible citizens exercising their Second Amendment right to self-defense";
  • SB 273, a Democratic bill that would have required a waiting period to purchase a firearm — which Youngkin said would "impede individuals facing threats of violence from promptly acquiring a firearm for self-defense";
  • HB 798, a Democratic bill that would have barred Virginians with a misdemeanor conviction of assault and battery or stalking from purchasing, possessing, or transporting a firearm;
  • SB 99, a Democratic bill that would have banned the carrying of so-called "assault firearms" in public areas; and
  • SB 327, a Democratic bill prohibiting any American under the age of 21 from purchasing a handgun or "assault firearm" — which Youngkin indicated would render meaningless the constitutionally protected right to possess a firearm for those under 21.

The Washington Post noted that in Youngkin's first two years in office, Republican lawmakers successfully prevented gun-grab legislation from advancing in the House of Delegates. This spared the governor from having to evidence his support for the Second Amendment.

However, with majorities in both the state House and Senate, Democrats apparently figured they could advance their agenda or at the very least expose the governor as a defender of the Constitution.

Youngkin said in a statement, "I swore an oath to defend the Constitution of the United States of America and the Constitution of Virginia, and that absolutely includes protecting the right of law-abiding Virginians to keep and bear arms."

The governor did, however, ratify a bill preventing parents from "willfully allowing a child who poses a credible threat of violence to access a firearm" as well as a bill banning the manufacture, transfer, or possession of an auto sear — a device that converts semi-automatic firearms into automatic weapons. Neither of these bills were opposed by the Citizens Defense League.

"I am pleased to sign four public safety bills which are commonsense reforms with significant bipartisan support from the General Assembly, and offer recommendations to several bills which, if adopted, will make it harder for criminals to use guns in the commission of a violent act," added Youngkin.

The governor's vetoes were not well received by Democratic lawmakers, who do not have two-thirds majorities required to override them.

Democratic state Sen. Creigh Deeds complained on X, writing, "2 more of my bills, prospectively banning assault style weapons, and keeping guns off college campuses are being vetoed. Shameful and unthinking action!"

Deeds' colleague, state Sen. Mamie Locke (D), responded, "Consider the source. Guns for everybody, no redemption for anyone, suppress the vote and voters and tax cuts for millionaires. Who's backwards?"

Heather Williams, the president of the Democratic Legislative Campaign Committee, claimed, "Republicans continue to make it clear that they care more about guns than people."

The National Rifle Association, on the other hand, lauded Youngkin's resolve.

"Governor Glenn Youngkin's courageous veto of dozens of ill-conceived gun control bills is a resounding victory for the Second Amendment in Virginia," Randy Kozuch, NRA executive director, said in a statement obtained by Fox News Digital.

"His refusal to bow to unconstitutional overreach — stopping widespread bans on semi-automatic firearms, blocking ill-conceived laws like arbitrary waiting periods, and unjust age restrictions — underscores his fierce commitment to safeguarding our fundamental rights," continued Kozuch. "This is a clear message: Virginia stands firm against the erosion of our liberties."

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State 'trigger' laws already having an effect: One abortion clinic moves across state border following ban



So-called abortion "trigger" laws are already having a significant effect on the availability of the procedure throughout the country. For example, one abortion clinic has already opted to move up the street, just across the state border, to avoid an abortion ban.

In late July, Bristol Women’s Health — an abortion clinic which had been operating in Bristol, Tennessee, for an unknown length of time — moved just north up State Street to Bristol, Virginia, to avoid the abortion ban which went into effect in Tennessee last month after the Supreme Court Dobbs ruling on June 24 returned the issue to individual states.

Diane Derzis, who owns BWH, as well as the clinic in Mississippi at the center of the Dobbs case, said she was determined to reopen BWH just across the state line in Virginia to ensure that women in the region could still procure abortions. The next closest clinic is at least 80 miles away, according to reports.

"It’s like a game of dominoes," Derzis said. "It’s just a huge swath of states not offering the service any longer, so those women have to go north or west."

Virginia permits abortion through the second trimester and even into the third trimester under certain conditions. Tennessee, by contrast, now prohibits abortion except in cases in which the life or health of the mother is endangered or the unborn child is not expected to survive the duration of the pregnancy.

Though many outlets have seemingly lamented that differences in state abortion laws have caused new issues of "logistics, legal worries, and local resistance" for new or newly-relocated clinics such as BWH, they have likewise admitted that the differences in state laws are a reflection of differences of opinion regarding abortion.

And many of these differences often coincide with geographical location. According to NBC, there are 12 states with abortion bans already in effect, and the majority of them are clustered in the southern, middle section of the country: Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, Tennessee, and Texas.

That seven of those nine states also have Republican governors and Republican-controlled state legislatures indicates that these abortion ban laws resulted because of the will of the voters, not in spite of it.

Virginia also has a Republican governor, Glenn Youngkin, who supports restricting abortion after 15 weeks. The commonwealth House of Delegates has a small Republican majority, 52-48, but the state senate has a slim Democrat majority, 21-19. Should the Republicans take control of the Virginia state senate in 2022, then abortion laws there could change as soon as next year.

Voters in four other states will have the opportunity to voice their opinions regarding abortion rights/restrictions at the ballot box this November: California, Michigan, Montana, and Vermont. Kansans already voted to keep abortion legal in their state last month.

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