Legal experts were taken aback by the Supreme Court’s ruling on Wednesday, which upheld Virginia’s initiative to remove nearly 1,600 noncitizen voters from its electoral rolls.
The decision came from a six-judge conservative majority, with three liberal justices dissenting. While it’s known that noncitizens aren’t allowed to vote, the immigration status of these individuals is in question.
On Tuesday, a federal court in Alabama referenced the Purcell Principle, stating that changes to mail-in ballot procedures should wait until after the 2024 presidential election to prevent any last-minute confusion for election workers.
In light of the Supreme Court’s ruling, former federal prosecutor Joyce Vance expressed her disappointment on X (formerly Twitter), criticizing the court for straying from the Purcell principle by allowing Virginia’s voter removals to proceed.
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Legal scholar Laurence Tribe commented on the decision as a troubling indicator, suggesting it could facilitate attempts to suppress legitimate votes.
Marc E. Elias, founder of the watchdog group Democracy Docket, critiqued the ruling for reinstating “Virginia Gov. Glenn Youngkin’s voter purge program,” asserting it contradicts federal law.
Conversely, former Kansas Attorney General Philip Kline praised the decision, claiming it underscores a lack of respect for constitutional roles under the Biden administration.
Supporters of the ruling, such as attorney David Gelman, celebrated it as a necessary move in what they described as a politically charged environment.
The Supreme Court’s ruling blocks a federal judge from reinstating the 1,600 voters ahead of the election. U.S. District Judge Patricia Giles had previously ruled that their removal violated federal law during a mandated “quiet period” before elections, designed to prevent the erroneous removal of legitimate voters.
The Virginia plan flagged voters for removal based on DMV form responses indicating their citizenship status. Those flagged were notified and given a chance to contest their removal.
Governor Youngkin rejoiced over the Supreme Court’s ruling, calling it a victory for election integrity and emphasizing the importance of maintaining accurate voter rolls.