As the case has shaped up so far, there are several legal issues in play.
- whether the Voting Rights Act can be enforced by a private party
- whether the Voting Rights Act applies to the federal executive branch
- whether Trump regime’s threatening letters to elec officials and workers telling them to segregate ballots based on a dodgy DHS list of “likely noncitizen voters” violates the Constitution’s Elections Clause 4/
The Trump regime has been taking the position that because the VRA does not expressly create a private right of action there is none, and so it is only enforceable by the US Attorney General. The regime argues that since the US AG is in the executive branch this would call for the executive to sue itself, which it cannot do, and so the VRA does not apply to the federal executive.
In short, this is an effort to make the case about the unitary executive. 5/
