Episode summary
Host Brian Tyler Cohen reports on a significant legal setback for the Trump administration's Department of Justice, which has now lost 12 consecutive lawsuits attempting to seize sensitive voter registration data from state governments. The latest defeat came in New York, where a federal judge denied the DOJ's attempt to access the state's unredacted voter registration list. Cohen features commentary from election attorney Marc Elias, whose law firm has successfully defended all 12 cases thus far. According to Democracy Docket, the DOJ faces 31 total voter roll lawsuits against states and Washington DC, meaning 19 cases remain pending. Notably, judges across the ideological spectrum—including numerous Trump appointees from his first term—have unanimously ruled against the administration's legal theories. Each successive loss is creating atmospheric precedent that makes subsequent cases more difficult for the DOJ to win, as judges begin citing previous rulings in their decisions. The New York judge specifically noted that the court joins every district court to have addressed the issue in concluding that voter registration lists are not records states must produce to the federal government. Cohen uses the episode to promote his new book, The Day After, announcing that proceeds from preorders will be donated to Elias' Free Election Fund, which finances pro-democracy election litigation. The episode emphasizes the ongoing legal battle over voter data access and the consistent judicial rejection of federal overreach into state election administration.
