Trump-Appointed Judge Dismisses DOJ Lawsuit Seeking Utah Voter Records/ NEWSLOOKS/ WASHINGTON/ J. Mansour/ A federal judge appointed by President Donald Trump dismissed the Justice Department’s lawsuit seeking detailed Utah voter registration records. Judge David Barlow rejected the department’s interpretation of the Civil Rights Act of 1960, siding with Republican Lt. Gov. Deidre Henderson. The Justice Department plans to appeal as its nationwide campaign for voter data faces mounting court losses before the midterms.
The Trump administration has charged a number of individuals with illegal voting since coming to power. However, it has yet to uncover evidence of widespread voter fraud. (Mark Schiefelbein/AP Photo)
Quick Look
- Case dismissed: Judge David Barlow rejected the DOJ’s lawsuit Friday.
- State official: The defendant was Utah Lt. Gov. Deidre Henderson, a Republican and the state’s top election official.
- Records requested: Federal officials sought names, birth dates, addresses and sensitive identifying information.
- Legal dispute: The case centered on the Civil Rights Act of 1960 and its requirements for federal inspection of voting records.
- Court’s reasoning: Barlow emphasized the statute’s wording rather than the administration’s broader interpretation of its purpose.
- Appeal planned: A DOJ spokeswoman said the department would challenge the decision.
- Broader setbacks: Fox News reported more than 25 voter-roll litigation defeats for the administration.
Deep Look
Judge Rejects Federal Demand for Utah Voter Database
A federal judge appointed by President Donald Trump dismissed a Justice Department lawsuit Friday that sought to force Utah’s chief election official to surrender detailed voter registration information.
District Judge David Barlow ruled against the department in its case targeting Republican Lt. Gov. Deidre Henderson.
The administration requested a complete list of Utah voters, including names, birth dates and addresses, along with driver’s license numbers or the last four digits of Social Security numbers.
The decision adds to a series of setbacks in the administration’s effort to obtain state voter records as part of its campaign against alleged illegal voting.
According to Fox News, the administration has suffered more than 25 voter-roll litigation defeats.
Dispute Centers on Civil Rights Act of 1960
Federal attorneys argued that the Civil Rights Act of 1960 requires Henderson to make certain election records that “come into” her possession available for federal inspection.
Barlow cited a Sixth Circuit Court of Appeals ruling that distinguished records received by an official from a database the official creates and maintains.
That ruling found that “an ordinary English speaker would not say that she has come into possession of something that she created, established and maintained.”
The distinction was central to the court’s rejection of the department’s demand for Utah’s statewide voter registration dataset.
Barlow Rejects DOJ’s Broader Statutory Argument
The Justice Department argued that the law’s purpose supported its request even if the wording did not explicitly require the database to be turned over.
Federal lawyers maintained that the statute serves as an enforcement tool for federal election laws. They argued that excluding statewide databases used for voter-list maintenance would undermine that function.
Barlow rejected that approach, saying judges have “no warrant to elevate vague invocations of statutory purpose over the words Congress chose.”
His ruling focused on the limits of the statutory authority invoked by the department.
Justice Department Says It Will Appeal
A DOJ spokeswoman told Fox News Digital that the department would appeal.
“The only appellate court yet to review this has split on largely partisan grounds,” she said.
“Five [sixth circuit] judges signed on to powerful dissents from denial of en banc review.”
The statement pointed to disagreement among appellate judges over whether the full court should reconsider the issue.
Ruling Comes From Trump’s Own Judicial Appointee
Trump nominated Barlow to the federal bench in 2019.
Before becoming a judge, Barlow worked as a Republican congressional lawyer, federal prosecutor and private attorney.
His decision represents another instance in which a Trump-appointed judge has rejected the administration’s legal arguments in its pursuit of state voter information.
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