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Judge blocks Trump election order despite overwhelming American support for voter ID

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Judge blocks Trump election order despite overwhelming American support for voter ID

A federal judge in Washington, D.C., blocked a portion of President Donald Trump’s executive order on election integrity that is popular among Americans, according to a Gallup poll.

The portion of the order that Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia struck down included provisions related to requiring proof of citizenship to register to vote.

U.S. President Donald Trump sits in the Oval Office of the White House in Washington, D.C., March 7, 2025.  (REUTERS/Leah Millis)

TRUMP’S EXECUTIVE ORDER ON VOTING BLOCKED BY FEDERAL JUDGE AMID FLURRY OF LEGAL SETBACKS

Less than two weeks before the 2024 election, Gallup found that 84% of U.S. adults were in favor of requiring voters to show identification and 83% supported requiring proof of citizenship when registering for the first time. 

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When broken down by party, 67% of Democrats, 84% of Independents and 98% of Republicans were in favor of mandating voter ID. The party breakdown over proof of citizenship was similar, with 66% of Democrats, 84% of Independents and 96% of Republicans supporting the idea.

Woman voting

A voter fills out her ballot in early voting. (GEORGE FREY/AFP via Getty Images)

CITIZENSHIP VOTER REGISTRATION BILL IS ‘COMMON SENSE,’ GOP LAWMAKER ARGUES

Kollar-Kotelly, however, argued that Trump did not have the authority to issue such an order, as the Constitution delegates control of election regulations to Congress and states.

“Consistent with that allocation of power, Congress is currently debating legislation that would affect many of the changes the President purports to order,” Kollar-Kotelly, a Clinton appointee, wrote in her order. “No statutory delegation of authority to the Executive Branch permits the President to short-circuit Congress’s deliberative process by executive order.”

Earlier this month, the House passed the Safeguard American Voter Eligibility (SAVE) Act, which would require states to obtain proof of citizenship for those registering to vote in a federal election. Additionally, the act mandates that all non-citizens be removed from voter rolls. The Senate still needs to pass the measure before it can reach Trump’s desk.

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Trump pointing his finger

The House passed the SAVE Act on non-citizen voting. It needs to pass in the Senate before President Donald Trump can sign it into law. (Getty)

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Rep. Chip Roy, R-Texas, who sponsored the bill in the House, wrote, “In order to preserve this republic, we must uphold what it means to be able to vote in a U.S. election. I am grateful that my colleagues answered the call and passed the SAVE Act, as this serves as a critical first step to ensure that we maintain election integrity throughout our country.”

So far in 2025, five states have enacted voter ID requirements, and one has mandated proof of citizenship for registration, according to Voting Rights Lab. Additionally, 25 states are considering bills that would mandate proof of citizenship, while 40 are mulling legislation requiring voter ID.

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Gabbard says Comey should be 'put behind bars' after picture allegedly 'issuing a call to assassinate' Trump

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Gabbard says Comey should be 'put behind bars' after picture allegedly 'issuing a call to assassinate' Trump

Director of National Intelligence Tulsi Gabbard said ex-FBI Director James Comey should be “put behind bars” for a post he made on Instagram on Thursday allegedly “issuing a call to assassinate [President Donald Trump.]”

Earlier on Thursday, Comey shared a picture on Instagram with seashells formed in the numbers “86 47.” To some, the number “86” is a call sign for murdering or getting rid of someone or something and “47” is typically used to refer to the 47th President of the United States.

“Cool shell formation on my beach walk…,” Comey wrote in the caption of the picture, which has since been deleted.

Gabbard made the comments on “Jesse Watters Primetime” Thursday night after Comey said he wasn’t aware that the number “86” stands for some sort of violence.

EX-FBI CHIEF COMEY’S ‘86 47’ SOCIAL MEDIA POST CONDEMNED BY WHITE HOUSE AS ATTEMPT TO PUT ‘HIT’ ON PRESIDENT

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National Intelligence Director Tulsi Gabbard said ex-FBI Director James Comey should be in jail for posting an Instagram photo of the numbers “86 47,” which has been interpreted as a threat to Trump. (ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)

“I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message,” Comey said after deleting the initial picture. “I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.” 

Gabbard said Comey and his people “need to be held to account according to the law” regardless of why he said he posted the picture.

“The rule of law says people like him who issue direct threats against the POTUS, essentially issuing a call to assassinate him, must be held accountable under the law,” Gabbard said, adding that she thinks he should be in jail.

Ex-FBI Director James Comey posted an Instagram photo of seashells arranged in the numbers "86 47" – which has been interpreted as a threat on President Donald Trump's life.

Ex-FBI Director James Comey posted an Instagram photo of seashells arranged in the numbers “86 47” – which has been interpreted as a threat on President Donald Trump’s life. (AP)

The national intelligence director said Comey’s post has her “very concerned for [the president’s life.]”

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“I’m very concerned for the president’s life; we’ve already seen assassination attempts. I’m very concerned for his life and James Comey, in my view, should be held accountable and put behind bars for this,” she said.

‘NEVER TRUMPER’ COMEY’S ’86 47′ TRUMP POST UNDER INVESTIGATION

Gabbard also said Comey has a lot of influence and that there are “people who take [him] very seriously.”

Shortly after Comey removed the post, Fox News Digital learned from a Secret Service source that the agency was aware of the incident and agents are being sent to investigate and interview Comey.

The White House also condemned Comey’s actions, with White House deputy chief of staff and Cabinet Secretary Taylor Budowich calling his post “deeply concerning.”

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“While President Trump is currently on an international trip to the Middle East, the former FBI Director puts out what can clearly be interpreted as ‘a hit’ on the sitting President of the United States — a message etched in the sand,” Budowich wrote on X. “This is deeply concerning to all of us and is being taken seriously.”

 

Comey, who led the FBI during Trump’s first term before he was fired from the spot, had no comment when reached by Fox News Digital earlier on Thursday.

Fox News Digital’s Alec Schemmel and David Spunt contributed to this report.

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Justices skeptical of Trump plan to limit birthright citizenship but also injunctions that block it

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Justices skeptical of Trump plan to limit birthright citizenship but also injunctions that block it

The Supreme Court gave a skeptical hearing Thursday to a lawyer for President Trump who was appealing rulings that blocked his plan to deny citizenship to newborns whose parents were in this country illegally or temporarily.

None of the justices spoke in favor of Trump’s plan to restrict birthright citizenship, and several were openly skeptical.

“Every court is ruling against you,” Justice Elena Kagan said. “There’s not going to be a lot of disagreement on this.”

If his plan were to take effect, “thousands of children will be born and rendered stateless,” Justice Sonia Sotomayor said.

But Thursday’s hearing was devoted to a procedural question raised by the administration: Can a single federal judge issue a nationwide order to block the president’s plan?

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Shortly after Trump issued his executive order to limit birthright citizenship, federal judges in Maryland, Massachusetts and Washington state declared it unconstitutional and blocked its enforcement nationwide.

In response, Trump’s lawyers asked the court to rein in the “epidemic” of nationwide orders handed down by district judges.

It’s an issue that has divided the court and bedeviled both Democratic and Republican administrations.

Trump’s lawyers argued that on procedural grounds, the judges overstepped their authority. But it is also procedurally unusual for a president to try to revise the Constitution through an executive order.

Thursday’s hearing did not appear to yield a consensus on what to do.

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Justice Brett M. Kavanaugh said the plaintiffs should be required to bring a class-action claim if they want to win a broad ruling. But others said that would lead to delays and not solve the problem.

Justice Neil M. Gorsuch said he was looking for a way to decide quickly. “How do we get to the merits expeditiously?” he asked.

One possibility was to have the court ask for further briefing and perhaps a second hearing to decide the fundamental question: Can Trump acting on his own revise the long-standing interpretation of the 14th Amendment?

Shortly after the Civil War, the Reconstruction Congress wrote the 14th Amendment, which begins with the words: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside.”

Before that, Americans were citizens of their states. Moreover, the Supreme Court in the infamous Dred Scott decision said Black people were not citizens of their states and could not become citizens even if they were living in a free state.

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The amended Constitution established U.S. citizenship as a birthright. The only persons not “subject to the jurisdiction” of the laws of the United States were foreign diplomats and their families and, in the 19th century, Indians who were “not taxed” and were treated as citizens of their tribal nations.

However, Congress changed that rule in 1924 and extended birthright citizenship to Native Americans.

Since 1898, the Supreme Court has agreed that birthright citizenship extends to the native-born children of foreign migrants living in this country. The court said then that “the fundamental rule of citizenship by birth, notwithstanding the alienage of parents” had been established by law.

The decision affirmed the citizenship of Wong Kim Ark, who was born in San Francisco in 1873 to Chinese parents who were living and working there, but who were not U.S. citizens.

But several conservative law professors dispute the notion that the phrase “subject to the jurisdiction” of the United States means simply that people living here are subject to the laws here.

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Instead, they say it refers more narrowly to people who owe their undivided allegiance to this country. If so, they contend it does not extend broadly to illegal immigrants or to students and tourists who are here temporarily.

On Jan. 20, Trump issued an executive order proclaiming the 14th Amendment does not “extend citizenship universally to everyone born within the United States.” He said it would be U.S. policy to not recognize citizenship for newborns if the child’s mother or father was “not a United States citizen or lawful permanent resident at the time of said person’s birth.”

Immigrants rights groups sued on behalf of several pregnant women, and they were joined by 22 states and several cities.

Judges wasted no time in declaring Trump’s order unconstitutional. They said his proposed restrictions violated the federal law and Supreme Court precedent as well as the plain words of the 14th Amendment.

In mid-March, Trump’s lawyers sent an emergency appeal to the Supreme Court with “a modest request.” Rather than decide the “important constitutional questions” involving birthright citizenship, they urged the justices to rein in the practice of district judges handing down nationwide orders.

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They have “reached epidemic proportions since the start of the current administration,” they said.

A month later, and without further explanation, the court agreed to hear arguments based on that request.

Solicitor Gen. D. John Sauer struggled to explain how judges should proceed when faced with a government policy that would be unconstitutional and harm an untold number of people. Is it wise or realistic to insist that thousands of people sign on to lawsuits? the justices asked.

He also had a hard time explaining how such a new policy would be enforced.

“How’s it going to work? What do hospitals do with a newborn?” Kavanaugh asked. “What do states do with a newborn?”

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“Federal officials will have to figure that out, essentially,” Sauer replied, noting that Trump’s order, if upheld, would not take effect for 30 days.

California joined 21 other states in suing successfully to block Trump’s order, but California Atty. Gen. Rob Bonta said it was important those rulings apply nationwide.

“The rights guaranteed by the U.S. Constitution belong to everyone in this country — not just those born in states whose attorneys general have stood up to challenge the president’s unlawful executive order. It’s clear that a nationwide injunction is not only appropriate here to avoid devastating harm to the states and their residents, but is also directly aligned with prior Supreme Court precedent,” Bonta said after Thursday’s argument.

The justices are likely to hand down a full opinion in Trump vs. CASA, but it may not come until late June.

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Video: Ben and Jerry’s Founder Arrested at Kennedy’s Senate Hearing

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Video: Ben and Jerry’s Founder Arrested at Kennedy’s Senate Hearing

new video loaded: Ben and Jerry’s Founder Arrested at Kennedy’s Senate Hearing

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Ben and Jerry’s Founder Arrested at Kennedy’s Senate Hearing

Ben Cohen, a co-founder of the ice cream brand Ben and Jerry’s, was among a group of protesters that interrupted a Senate committee hearing to protest Congress’s funding for Israel’s military as it wages war against Hamas in Gaza.

I’m presenting today supports these goals and reflects — [protesters shouting] The witness will suspend. The committee will come to order. Members of the audience are reminded disruptions will not be permitted while the committee conducts its business. Capitol Police are asked to remove the individuals from the hearing room.

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