A panel of Ninth Circuit judges pressed Justice Department attorneys Tuesday on the department’s authority and purpose for collecting sensitive voter registration information from California and Oregon.
Judge Lucy H. Koh questioned why DOJ didn’t cite the 1960 Civil Rights Act—which allows the attorney general to demand voting records from states if accompanied by a stated basis and purpose—in its initial demand letter if its authority under the statute was “so plain.”
Andrew Braniff, a DOJ lawyer arguing against Oregon, responded that the initial letter was an opportunity for the state to work with the department and willingly provide the ...