The harm caused by burdening or disenfranchising even a few lawful voters outweighs the nonexistent harm that the Government experiences when it is prevented from taking an action that it likely lacks the authority to take.
Dissenting opinion on voter citizenship verification ruling.
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More from Ketanji Brown Jackson
The consequences of allowing such transformative changes to take effect so close to this fall’s elections would be extreme.
You know, there are lots of limits on what judges can do, and I try to be very, very mindful and scrupulous with respect to that because, as you say, our obligation is to be unbiased in our approach.
To be sure, the Court has not foreclosed States from challenging this blatantly unconstitutional Order.
Taking its eye off the ball, the majority misses the Government’s actual objective: to secure our imprimatur for its effort to foment chaos ahead of the November elections.