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Supreme Court allows Virginia to purge 1,600 voters
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Supreme Court allows Virginia to purge 1,600 voters

The US Supreme Court allows Virginia to move forward with purging 1,600 suspected non-citizens from voter rolls before Election Day.

The conservative majority’s decision — which was not explained — reverses rulings by a federal district court judge and a unanimous appeals court panel.

Both said Virginia’s purge, initiated by an executive order from Republican Gov. Glenn Youngkin, violated federal law that prohibits the “systematic” removal of voters from registration rolls within 90 days of an election.

The Supreme Court’s decision suggests that the justices acted either under the Purcell principle — to prevent federal courts from intervening in the administration of state elections too close to the vote — or under the belief that Virginia had persuasively argued that the “quiet period” of federal law does not apply here.

The state advanced the idea that non-citizens — who were never “eligible” to vote in the first place — could be removed at any time. It also pointed out in court filings that anyone wrongly removed as a presumed noncitizen has two opportunities to correct their registration status.

The three liberal justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — indicated they would have kept the purge on hold.

Non-citizen voters are already barred from registering to vote in federal and state elections.

Virginia voters who have been purged, however, may still have a chance to vote if they use Virginia’s same-day registration option at the polls.

Virginia Attorney General Jason Miyares tweeted Wednesday: “I am pleased to announce that the US Supreme Court has granted Virginia’s emergency stay to keep non-citizens off our voter rolls.”

Damon Hewitt, president and chief executive of the Lawyers Committee for Civil Rights Under Law, which led the effort in Virginia, decried the decision.

“None of this activity is random. It’s all very orchestrated, but it’s also orchestrated for a purpose,” he said in a statement.