California v. Trump (Amicus)

The Constitution gives the power to regulate federal elections to Congress and the States. It gives no power to the President. In 1993, Congress passed the National Voter Registration Act, which requires states to accept a national voter registration form from voters seeking to register in federal elections. By law, that form may require only such identifying information as needed to make sure the applicant is an eligible voter.

Congress created a bipartisan independent agency called the Election Assistance Commission (EAC) to develop this federal form. The EAC has long concluded that voters can establish their eligibility by swearing under penalty of perjury that they are a citizen. It is unnecessary for voters to produce their passports or other citizenship documentation in order to register to vote.

Nevertheless, on March 25, 2025, President Trump issued an Executive Order directing the EAC to add a documentary-proof-of-citizenship requirement on the federal voter registration form. In addition to upending voter registration, sweeping Executive Order would also create a nationwide mail and absentee ballot receipt deadline, decertify all state voting machines across the country, and penalize States that do not comply with the President’s directive.

Three separate legal challenges were brought against the Executive Order. This case, filed by California and other States in Massachusetts, challenges the Executive Order as an unconstitutional violation of the separation of powers and federalism principles. Separate actions were filed by the ACLU and co-counsel on behalf of leading voter registration and advocacy organizations in the District of Columbia, and by Washington and Oregon in Washington. In June 2025, the Massachusetts court granted a preliminary injunction barring enforcement of the Executive Order, and the federal government appealed. The ACLU and co-counsel filed an amicus brief in support of the preliminary injunction.