Supreme Court OKs Youngkin's Voter Roll Purge

Background

On August 7th, Governor Youngkin of Virginia placed an executive order, demanding the

expedited removal of numerous allegedly non-citizens from the state’s voter rolls. States

traditionally attempt to remove voters who are dead, felons, or otherwise illegally registered, in an attempt to prevent voter fraud. However, these initiatives, usually pushed by Republican states, are frequently vehemently opposed by Democrats, who cite fears that individuals rightfully registered would be purged off the rolls. To prevent undue removal of voters close to an election, the National Voter Registration Act prevented states from removing states from its voter rolls within 90 days of the election. In alleged violation, Governor Youngkin’s August 7th order, exactly 90 days before the election, has generated controversy climbing all the way to the Supreme Court.

The October 30th Intervention

After two courts issued and upheld an injunction, first a trial and then the Fourth Circuit Court of Appeals, halting Virginia’s removal of the voters, the Supreme Court met these injunctions with an emergency pause, allowing Virginia to resume their removal of the alleged non-citizens. Of considerable note is the potential political fallout, where the three members of the Fourth Circuit Court being appointees under a Democratic President, whereas the 6 Republican Appointee Justices and the 3 Democrat Appointed Justices contested whether or not to issue the emergency pause. With the election looming, this is a prelude for the many electoral challenges bound to

shake up the votes before and after election day, which could impact how the public views the Supreme Court, especially in light of its controversy in the Dobbs v. Jackson decision and calls by President Joe Biden for reforms to the High Court.

What Could This Mean for the NVRA?

As previously mentioned, the Governor of Virginia allegedly violates the National Voter

Registration Act’s 90-day restriction on voter removals. The issuance of the emergency order to allow Governor Youngkin to remove voters could spurn a judicial review of the NVRA, potentially striking or revising the law to fit a new interpretation from the High Court. As of writing, a writ of certiorari has not been issued to hear the case in front of the justices, which could mean that this case doesn’t even reach the hearing room. However, given the court’s recent legacy of restricting longstanding precedent (Dobbs v. Jackson, Chevron Doctrine, for a few examples), this could mean that an uncertain future lies in wait for the NVRA, shaking up the midterms of either Vice President Harris’ or former President Trump’s future administration. In a tightly contested electoral map of 2026, and a highly polarized country, a revision to these longstanding rules could be groundbreaking or confusing for an average voter. It seems Governor Youngkin has let off a large reaction, indeed.