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Justin Levitt @justinlevitt.bsky.social · 6h

The federal law doesn't really speak to state officials who submitted the info in this particular context. It has more to say about the feds who collected it. State law, though, might or might not enter the chat.

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Justin Levitt @justinlevitt.bsky.social · 7h

We were warned about ALL of this.

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MeidasTouch @meidastouch.com · 7h

Gov. Abigail Spanberger (D-VA): "At this point in time in 2022, a little over 200,000 Virginians had voted. At this point in time in 2026, approximately 450,000 Virginians have voted early."

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Justin Levitt @justinlevitt.bsky.social · 8h

The fed statute is much more focused on the fed actors, and for something like this doesn't really mean liabilty for the states submitting. (State law may have other limitations/restrictions of its own.) And you'd have to show that you were harmed by the sharing, not just that the info was shared.

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Justin Levitt @justinlevitt.bsky.social · 9h

Oh, I hear you 100%. (3d-country deportation flights are a "good" example - and by that, I mean horrible.) And courts have to want to pin DOJ down. But equally important for the coming election, most states know that the info coming back from DOJ is garbage. And won't use it.

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Justin Levitt @justinlevitt.bsky.social · 9h

To be clear, today's opinion is a court order saying "stop." And while courts aren't going to go there immediately, if the people subject to the order "just go for broke," they'll be taking that literally. Federal courts can permanently bankrupt officials for violating court orders when they wish.

washingtonpost.com

Opinion | Against a defiant White House, the courts should use this powerful tool

The centuries-old civil contempt authority gives the judiciary ample power to uphold the rule of law.

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Justin Levitt @justinlevitt.bsky.social · 9h

Federal statutes of limitations run when a complaint is filed, not when the prosecution finishes. And the clock didn't start on these attempts to collect the voter files on January 20, 2025.

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Justin Levitt @justinlevitt.bsky.social · 10h

To be clear, this isn't just a ruling on any individual attempt to get a voter file. (Those have gone 0-26.) This is a ruling that the entire project was illegal from the jump.

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Justin Levitt @justinlevitt.bsky.social · 10h

No need - there's still plenty of opportunity.

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Justin Levitt @justinlevitt.bsky.social · 10h

Voter backlash, mostly. The federal statute is a lot clearer about liability on the collecting side than on the submitting side. (That's not to say there's zero risk for the state folks - it's just a lot less clean.)

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Justin Levitt @justinlevitt.bsky.social · 10h

A bit. To your point, the voter roll program was a failure already. Particularly given the criminal implications, it should stop any work in progress. And it might help state litigation to restore registrations in the few states that had already used information back from DOJ to purge.

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Justin Levitt @justinlevitt.bsky.social · 10h

I think it's probably a small number of DOJ line attorneys who want to add substantive counts to the future prosecution.

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Justin Levitt @justinlevitt.bsky.social · 10h

But not just last August: electionlawblog.org?p=151010 electionlawblog.org?p=152107 electionlawblog.org?p=152233 electionlawblog.org/2026/the-olc... ... and in amicus briefs in all of the cases where the DOJ has now gone 0-26 (itself an astonishing factoid).

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Justin Levitt @justinlevitt.bsky.social · 10h

This is a big deal. DC fed judge says that DOJ's pursuit (and use) of the state voter files is unlawful, on a bunch of different grounds. And effectively confirms that for the 18 states that submitted files willingly, whoever collected the files at DOJ Civil Rights committed federal crimes.

storage.courtlistener.com

Memorandum & Opinion – #51 in COMMON CAUSE v. U.S. DEPARTMENT OF JUSTICE (D.D.C., 1:26-cv-01352) – CourtListener.com

MEMORANDUM OPINION re the 29 Motion for Partial Summary Judgment and the 32 Motion to Dismiss, or in the Alternative, for Summary Judgment. See the attached document for details. Signed by Judge Spark...

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Justin Levitt @justinlevitt.bsky.social · 11h

258/ Just waiting for the next client to arrive. #ajax #dogsky

A very good boy in a very pleasantly shady office.

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Justin Levitt @justinlevitt.bsky.social · 13h

Worth remembering that there were special elections in Minneapolis during the heart of the worst ICE activity. Dem candidates _crushed_ the Republicans, with sizable gains over 2024. Reminding voters _why_ they’d crawl over broken glass to toss you out may not be A+ strategy.

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Nicholas Grossman @nicholasgrossman.bsky.social · 08/10/2026

Look, if some of you want to spin up dystopian fantasies to feel anxious about and stop before thinking “and then what happens?,” I can’t stop you. There are many existing and plausible problems already, and telling people now that their vote won’t count isn’t helping, but knock yourselves out.

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Justin Levitt @justinlevitt.bsky.social · 08/10/2026

There is no statute the Civil Rights Division enforces that’s going to support an indictment here, even if the ostensible facts weren’t drawn from a fever dream.

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Justin Levitt @justinlevitt.bsky.social · 08/10/2026

Even if you send all 1000 DOJ folks to Detroit - and only Detroit - that’s two (2) people in suits per polling place. Andy’s right about the logistics. The math just doesn’t work. And that’s even if you imagine every single one of these folks is a supervillain, not a lawyer.

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Justin Levitt @justinlevitt.bsky.social · 08/10/2026

Counterpoint: I don’t trust this DOJ at all, and also, I’ve helped run this program. These 1000 people are almost certainly a nothingburger. Spinning up fear about these 1000 people, though: that’s a great way to keep voters afraid, and home. We are our own worst enemy when we freak out.

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Justin Levitt @justinlevitt.bsky.social · 08/10/2026

There are actual regulations that lay out which parts of DOJ bring which cases. I’d be stunned if anyone running the place now had ever read them.

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Justin Levitt @justinlevitt.bsky.social · 08/10/2026

I’ve had the privilege to meet with these delegations in at least three cycles. You cannot imagine a more earnest, less obtrusive, group of people dedicated to the democratic process. Add it to the “everything is stupid now” list.

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Justin Levitt @justinlevitt.bsky.social · 08/10/2026

257/ On a siesta, with a rope of drool. #ajax #dogsky

A very good boy with a very good hammock.

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Justin Levitt @justinlevitt.bsky.social · 08/10/2026

256/ And to be clear, this is what I mean by "working." Just coexisting in the same space. 'Cause that's all other dog could handle at the moment. And he's so happy. #ajax #dogsky

A very good boy with a very good meatball.

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Justin Levitt @justinlevitt.bsky.social · 08/10/2026

And yeah, I know he meant it to cloud the impact that umpires have, not to acknowledge that impact.

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Justin Levitt @justinlevitt.bsky.social · 08/10/2026

Umpires can change a lot of ballgames if they call balls and strikes differently for some teams or some players than for others. And they drive away faith in the whole game if they’re calling while wearing a team uniform. It was a better metaphor than he ever meant it to be.

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Kevin Morris @kevintmorris.bsky.social · 06/10/2026

You should buy our book just to spite him

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Justin Levitt @justinlevitt.bsky.social · 06/10/2026

255/ Atlas smiles like he's happy. Ajax gets there too, but only when he's working (helping other reactive dogs). Otherwise, he smiles like it's seventh-grade yearbook photo day. #ajax #dogsky

A very good boy and a very large doofus.

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Rick Hasen @rickhasen.bsky.social · 06/10/2026

What can go wrong (or right) in the upcoming midterms? Join @jonathandiaz.bsky.social @mattgermer.bsky.social @justinlevitt.bsky.social and Shelby Wayment of @sdpucla.bsky.social @law.ucla.edu for October 13 live/streamed event. Free registration required. @campaignlegal.org @rstreet.bsky.social

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Taniel @taniel.bsky.social · 05/10/2026

If you're in these states, *TODAY* is deadline to register to vote. Arizona, Arkansas Florida, Georgia, Indiana, Kentucky, Mississippi, Ohio, Tennessee, Texas. Even if you think you've registered: doesn't hurt to check! And there's a lot happening across them. A thread with stakes on each. ⬇️

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Justin Levitt @justinlevitt.bsky.social · 05/10/2026

254/ "And sitting in tonight on keys, a guy who's been around the block..." #ajax #dogsky

A very good boy on some very good steps.

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Justin Levitt @justinlevitt.bsky.social · 05/10/2026

Ngl, a come-hither note around electoral process porn is a saucy way to start the morning

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Taniel @taniel.bsky.social · 05/10/2026

Arguably the biggest democracy referendum next month: Virginia is one of only three states where the state constitution says people should lose their right to vote FOR THEIR ENTIRE LIFE if they are convicted of any felony. This measure would allow anyone to vote after prison.