On January 8, Texas turned over to the Justice Department a treasure trove of information about every voter in the Lone Star state. Names, addresses, voters’ party registrations, whether they had ever cast a preliminary ballot, and more, all of it to be provided in response to the Trump administration’s unprecedented demand for data on voters everywhere.
For a state that has long prided itself on its fierce independence and resistance to federal overreach, one might have expected it to put up a fight. But here, as in many other areas, partisan loyalty displaced state pride.
Officials in other states have already complied with the administration’s request.
As an article in Texas Monthly explains, “The Justice Department last fall began asking all 50 states for their voter rolls — massive lists containing significant identifying information on every registered voter in each state — and other election-related data.” It claimed that “the effort is central to its mission of enforcing election law requiring states to regularly maintain voter lists by searching for and removing ineligible voters.”
“Ineligible voters,” where have we heard that before? How would a search for ineligible voters be helped by gathering information about which party voters are affiliated with?
Asking for that information suggests that something else may be motivating the administration’s massive data mining effort. In the run-up to the 2026 elections, it may help it to precisely target Democratic voters and accuse them of election fraud or Democratic states for accusations of election irregularities.
But the plan doesn’t stop there. The Justice Department intends to share the data it gets with the Department of Homeland Security.
DHS will use it as part of its aggressive citizenship verification efforts. In addition, the department argues that “This collaboration with the DOJ will lawfully and critically enable DHS to prevent illegal aliens from corrupting our republic’s democratic process and further ensure the integrity of our elections nationwide.”
“Elections,” it insists, “exist for the American people to choose their leaders, not illegal aliens.”
All this effort would seem to be an example of a solution in search of a problem. Election fraud and non-citizen voting are not serious problems in terms of the conduct and integrity of American elections
The Brookings Institution rightly observes that election fraud is “minuscule.” Over the last twenty-five years, during which thirty-six elections were held, thirty-six cases of fraud were reported.
“The percentage of fraudulent,” it says, “was .0000845%, and no election outcome was altered by ballot fraud throughout that time period.” Noncitizen voting is equally rare. In the 2016 election prevalence of noncitizen voting was 0.0001% of the votes cast.
So, the administration’s desire to gather information to police those problems is a pretext for pursuing its political and electoral aims.
None of this is good for democracy. And states should not follow Texas's example by turning over the information the administration is seeking, as some have already done.
In response to such resistance, the administration is suing twenty-three states (Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maine, Maryland, Michigan, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin) and the District of Columbia. It is seeking “unredacted copies of their voter rolls.”
The unredacted lists include “sensitive personal information, such as driver’s license and partial Social Security numbers.” Stateline’s Jonathan Shorman points out that “The administration’s lawsuits mostly target Democratic states, where election officials refused initial requests for voter data and allege the demand is unlawful….”
States have responded to the department’s lawsuits by pointing out that they are bound by existing privacy laws that prohibit them from providing the information the department seeks. They have offered to provide “publicly available versions that do not include more sensitive information.”
The administration argues that “the Attorney General is uniquely charged by Congress with the enforcement of the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA), which were designed by Congress to ensure that states have proper and effective voter registration and voter list maintenance programs.”
“The Attorney General,” it continues, “also has the Civil Rights Act of 1960 (CRA) at her disposal to demand the production, inspection, and analysis of the statewide voter registration lists.”
While the lawsuits go on, the Department of Justice has sent “a confidential draft agreement to more than a dozen states that would require election officials to remove any alleged ineligible voters identified during a federal review of their voter rolls.”
According to the terms of that agreement, “After a state provides its voter roll, the federal department would agree to test, analyze, and assess the information. The department would then notify states of ‘any voter list maintenance issues, insufficiencies, inadequacies, deficiencies, anomalies, or concerns’…” States would remove ineligible voters, then share their voter data with the Department of Justice again.
The Democratic National Committee contends that any such agreement would be illegal.
Whatever the mechanism, what the Department of Justice is asking for would turn the Constitution, which assigns responsibility for administering elections, on its head. It would represent a dramatic undoing of our federal system.
That system offers a valuable safeguard against just the kind of election interference that the Trump Administration may be planning. As Matt Crane, executive director of the Colorado County Clerks Association, puts it, “The federal government has no role in list maintenance.”
In systems of what political scientists call “electoral authoritarianism,” elections are held. However, if the regime has its way, they are neither free nor fair
The government holds elections to legitimize its rule. At the same time, it uses various devices to ensure that they turn out right.
The president showed his hand in this regard in March when he signed an Executive Order asserting that the United States “now fails to enforce basic and necessary election protections employed by modern, developed nations…” It claimed, with no evidence of proof, that “States fail adequately to vet voters’ citizenship, and, in recent years, the Department of Justice has failed to prioritize and devote sufficient resources for enforcement of these provisions. Even worse, the prior administration actively prevented States from removing aliens from their voter lists.”
And it mandated, among other things, “documentary proof of United States citizenship….” From each voter, and “proof of eligibility to vote in elections in the State in which the voter is attempting to vote.”
Since then, President Trump has not been subtle in trying to change election rules. He “pressured Texas to pass a mid-decade redistricting plan last month that would add five more Republican seats in the US House.” He also wants to “get rid of MAIL-IN BALLOTS” and “Seriously Controversial VOTING MACHINES.”
Add to that the Justice Department’s ongoing effort to collect data on voters, and you get a sense of the dimensions of the threat posed to American democracy. Officials in Texas may not be disturbed by it, but officials and citizens in other places should be and should take action to protect our elections.
Austin Sarat is the William Nelson Cromwell professor of jurisprudence and political science at Amherst College.




















A golden tray sits on the Resolute Desk as President Donald Trump speaks during an announcement on American nuclear innovation in the Oval Office at the White House on July 24, 2026, in Washington, D.C. Trump is signing multiple executive orders targeting the nuclear energy sector and easing rules for new reactors and nuclear fuel supply chains.
Trump’s hubris rivals the fallen heroes of ancient Greek mythology
In January, the New York Times asked President Donald Trump if there were any limits on his global powers.
“Yeah,” the president responded, “there is one thing. My own morality. My own mind. It’s the only thing that can stop me.”
That was eight months ago, but fortunately Christopher Nolan’s blockbuster adaptation of “The Odyssey” has made ancient Greek literature newly relevant. Before that window closes, I’d like to talk about hubris.
Today, the term mostly means excessive pride or arrogance. That’s part of what the Greeks meant by it too, but the meaning was a bit richer and more specific. Hubris was an insolent or outrageous act that offended the gods, often because the transgressor was claiming abilities or authorities that solely belonged to supreme beings.
Nolan renamed and slightly modified the concept of xenia for the film, calling it “Zeus’ law.” In the director’s telling, mortals should follow the rules laid out by the gods, specifically the requirement to treat strangers with respect lest they be gods in disguise.
In a sense, hubris is the opposite, or at least the rejection, of xenia. The hubris of the suitors, and at times Odysseus himself, invites punishment by the gods and their mortal instruments.
Which brings me back to Donald Trump. His claim that there are no constraints on his personal power to dictate events on the global stage was one of the greatest expressions of hubris ever uttered by a political leader.
Trump’s claim was obviously false when he made it.
He vowed that he could end the Russia-Ukraine war in 24 hours. He’s proved powerless to make that happen. If he had divine powers to work his will, why would he have balked at implementing his tariffs so often that Wall Street adopted the “TACO trade” term for his deals? “TACO” stands for “Trump always chickens out.”
And why would Trump have made so many embarrassing concessions to China — from rescinding tariffs on Chinese goods to allowing them to buy crucial and incredibly valuable computer chips?
But Trump saw his success at capturing Venezuelan strongman Nicolas Maduro as proof of his ability to launch missiles to the same effect as Zeus’ lightning bolts. Trump believed he was the most powerful man who ever lived.
This is no exaggeration. In March, when the Iran invasion seemed successful, Trump gave a document penned by“Presidential Historian David King” to New York Times reporters Maggie Haberman and Jonathan Swan purporting to prove that Trump was “the most powerful person to have EVER walked this planet.” King was, in fact, a businessman and occasional caddy for legendary golfer Gary Player.
King compared Trump favorably to many of history’s most powerful, and often heinous, figures: Alexander the Great, Attila the Hun, William the Conqueror, Napoleon Bonaparte, Joseph Stalin, Genghis Khan, Mao Tse Tung, Adolf Hitler and Vladimir Lenin. Many of these men thought they were the most powerful person in the world, too. And many were defeated precisely because they believed it.
At least Napoleon and Hitler had a string of truly impressive victories before they learned the folly of hubris. The limits on Trump’s power have been exposed by far less august forces than the combined might of the allies in World War II or the fearsome Russian winter.
Iran is a comparatively middling power. But the regime’s ability to absorb punishment while imposing its will on the Strait of Hormuz has proved to be a greater constraint on Trump’s power than his morality or mind. We should note that, at least rhetorically, his morality has not proved much of a constraint. He has repeatedly promised to destroy Iranian “civilization” if the regime refuses to capitulate.
But they haven’t — and won’t anytime soon — because the regime’s tolerance for pain far outstrips Trump’s. The combined fear of skyrocketing oil prices, outrage of Gulf state potentates, diminishing weapon supplies and domestic unpopularity is doing the work that international law, congressional oversight and the collective opinion of foreign policy experts can’t or won’t do.
If I considered Trump more heroic than reason and facts could allow, I would say his Sisyphean predicament has the whiff of Greek tragedy to it. Trump is vexed by the fact that the Iranians won’t honor deals or ratify his countless premature claims of victory — giving new meaning to his vow that his presidency would make people tired of winning. It’s almost like they’re out-Trumping Trump.
Things might have gone better if he’d heeded that great Greek tragedian Sophocles: “For Zeus utterly abhors the boasts of a proud tongue.”
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Jonah Goldberg is editor-in-chief of The Dispatch and the host of The Remnant podcast. His Twitter handle is @JonahDispatch.