Attorney General Todd Blanche says the Justice Department may ask the Supreme Court to intervene in its fight for state voter rolls after losing 22 lower court battles.
The Justice Department is weighing a Supreme Court appeal in its fight to secure state voter rolls ahead of November's midterm elections, Attorney General Todd Blanche said Sunday. Asked on NBC's Meet the Press whether the department would take the battle to the high court after lower courts repeatedly sided with states, Blanche said, "Absolutely, it's a possibility."
The showdown stems from President Donald Trump's executive order directing states to hand over voter registration data, including names, dates of birth, residential addresses, driver's license numbers, and the last four digits of Social Security numbers. The administration says the data is needed to root out "deficiencies" and "anomalies" in voter lists, including any noncitizens registered to vote.
The Justice Department has sued 30 states and the District of Columbia for refusing to comply. Federal judges in states like Oregon and Michigan have sided with at least 22 states seeking to block the data demands, but the administration shows no signs of backing down.
The courtroom scoreboard has been lopsided. Courts in more than 20 states have rejected the federal government's requests, with several judges dismissing the cases outright. Judges have ruled that the Civil Rights Act of 1960, which the department cited as its legal basis, does not require states to produce the lists the way the administration argued.
Some of those rulings carried sharp language. One federal judge described the department's reading of the law as "strange and unharmonious," while another noted that accepting the government's theory would make it a crime for states to update their own voter lists -- something federal law requires them to do.
None of that has slowed the department down. "We're not going to stop doing what I think every American should expect us to do, which is make sure that we have elections that are fair," Blanche said Sunday.
The fight does not break down neatly along party lines. Several Republican-led states, including Idaho, Nevada, Utah, Georgia, and Vermont, are among those resisting the federal data demands, arguing that elections have always been run by the states and that the federal government has no business stockpiling voter information.
Other states have voluntarily cooperated with the administration's request, including Texas, Alaska, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, South Dakota, and Tennessee. At least a dozen states have handed over data as the legal battle plays out.
Supporters of the administration's push argue that ensuring only eligible citizens vote is basic election integrity. Critics warn that a federal voter database would centralize sensitive personal information and could lead to improper purges of legitimate voters. The courts, so far, have largely sided with the states on the legal questions raised.
If the department follows through, it would mark the first time the voter roll dispute reaches the Supreme Court. The high court has not weighed in on whether the Civil Rights Act of 1960 gives the federal government broad access to state voter files.
A Supreme Court appeal would come with real stakes. The midterms are less than three months away, and states are already finalizing their voter rolls for the November election. A ruling from the high court could reshape how voter data is handled nationwide -- either by reaffirming state control over election records or by opening the door to federal oversight of voter list maintenance.
Legal experts on both sides expect the case to move quickly if the justices agree to hear it, given the fast-approaching election calendar.
The administration is signaling it will keep pressing the issue no matter how many lower courts push back. Blanche's Sunday comments suggest the fight over voter rolls is far from over, and the Supreme Court may soon decide whether the federal government gets the data it says it needs to secure American elections.
For now, the ball is in the department's court. A formal appeal would put the question before the highest court in the land, with the integrity of the 2026 midterms hanging in the balance.