A federal judge chosen by President Donald Trump has dealt another setback to his administration’s efforts against alleged illegal voting in the lead-up to the midterm elections.
On Friday, District Judge David Barlow dismissed a lawsuit initiated by the Department of Justice against Utah’s Lieutenant Governor Deidre Henderson, a Republican. The lawsuit aimed to compel her to provide a comprehensive list of Utah voters, including their names, birthdates, addresses, and either their driver’s license numbers or the last four digits of their Social Security numbers.
This loss in Utah is part of a larger pattern, with more than 25 defeats for the Trump administration in litigation concerning voter rolls as it sought to address claims of illegal voting.
Barlow had ruled after the DOJ claimed that the Civil Rights Act of 1960 obligated Henderson to make specific voting records accessible for federal inspection. However, he referenced a ruling from the Sixth Circuit Court of Appeals which suggested that it’s not reasonable to say someone has “come into possession” of data they originally created and maintained—hinting at the extensive voter data the DOJ was after.
In defense, the DOJ argued that regardless of the law’s wording, its primary purpose was to enforce federal election laws. They contended that excluding the statewide voter-registration database from that enforcement would be nonsensical.
Barlow, however, disagreed, indicating that judges shouldn’t prioritize vague notions of statutory intent over the precise language Congress had established.
Appointed to the federal bench by Trump in 2019, Barlow has also worked as a federal prosecutor and private attorney, alongside his previous role as a Republican congressional lawyer.
Barlow dismissed the DOJ’s case permanently, preventing the department from refiling the same claim, although they can appeal to a higher court. Meanwhile, the Trump administration has brought charges against various individuals for illegal voting since taking office but has yet to uncover significant evidence of widespread voter fraud. The DOJ is still pursuing three ongoing cases regarding voter rolls in Hawaii, Idaho, and Delaware, and it is appealing losses in California and Oregon.
Henderson publicly expressed appreciation for Judge Barlow’s ruling on Threads, stating, “Our office will continue to uphold the rule of law and safeguard the fundamental right to free, fair and secure elections for the people of Utah.”
As of Monday, neither the White House nor the DOJ had responded to inquiries for comments.
