A federal court has prohibited California from enforcing its mask ban against federal officers. A loss for California. But the opinion is actually a win for states across the country seeking to ban masking—like Washington, which recently passed a ban through both chambers of the legislature. 🧵 1/
Minnesota update: Yesterday, the district court held a hearing on the parties' competing motions to compel and dismiss in DOJ's voter data suit.
The court ordered additional briefing, so a decision is likely more than a month away.
Coverage: www.mprnews.org/story/2026/0... 23/
Today, it’s almost impossible to sue federal officers for money damages if they violate your constitutional rights. As @harrisonstark.bsky.social explains in this Lawfare piece, state law could offer a solution through so-called “converse 1983” legislation.
www.lawfaremedia.org/article/can-...
Yesterday, DOJ sued 5 more states for their voter data: Kentucky, New Jersey, Oklahoma, Utah, and West Virginia.
That brings the total to 29 states + D.C. So far, DOJ is 0-3 in decided cases (CA, OR, MI all dismissed).
www.nytimes.com/2026/02/26/u...
@uwlawdemocracy.bsky.social Senior Counsel @derekclinger.bsky.social outlines the constitutional limits on nationalizing U.S. elections, noting that the Constitution grants states primary authority over election administration.
Read the full story: buff.ly/GbfifiA.
California & Oregon updates: DOJ filed notices of appeal yesterday, challenging the district courts' dismissals of its voter data suits. The cases now move to the Ninth Circuit. 21/
NEW: The Utah Supreme Court has unanimously dismissed GOP lawmakers appeal of a trial court’s ruling that they had unconstitutionally repealed anti-gerrymandering reforms enacted by voters in 2018.
campaignlegal.org/sites/defaul...
Repeat after me:
An executive order is not a royal edict; it is not law. It is a direction to the executive branch as to how to carry out the law.
Also:
Key parts of Trump's last EO on elections have been stopped by federal courts, ruling that the President has no role to play in federal elections
1/ UPDATE: The affidavit underlying the FBI raid to seize 2020 election materials in GA has been unsealed. It cited allegations conservative researcher Kevin Moncla told @ProPublica he had briefed investigators on. Witness names are redacted.
storage.courtlistener.com/recap/gov.us...
Nebraska update: The state trial court hearing Common Cause's suit to block the NE Secretary of State from turning over the state's voter data to DOJ dismissed the suit late last week for lack of standing. Common Cause said it will appeal.
Coverage here: nebraskaexaminer.com/2026/02/09/n... 20/
Michigan update: DOJ's suit for Michigan's voter data dismissed on all claims.
The opinion takes a different analytical route than the earlier decisions out of California and Oregon, but it reaches the same result: DOJ isn't entitled to the voter list.
Opinion here: go.wisc.edu/tc5wls 19/
The bind that state election officials find themselves in (needing to challenge attempts at election subversion while not repeating the threats in a way that demobilizes) is very similar to the challenge states, cities, and NGOs faced in during the 2020 Census. A few thoughts on this. / 1
Oregon update: Judge Kasubhai's opinion dismissing all of DOJ's claims for Oregon's voter data is out.
Like the California decision, it questions DOJ's honesty about why it wants states' voter data. That's now 2 federal judges raising credibility concerns.
Read it here: go.wisc.edu/yj2j42 18/
@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation even among recent Trump administration actions like suing nearly half the states for their sensitive voter data.”
The Utah governor just signed a bill to expand his state's supreme court by two seats.
Conservatives have been angry at a series of judicial rulings, including one that safeguarded direct democracy in 2024 & one that struck down their gerrymander. 1st step of their retaliation.
Pennsylvania update: DOJ moved to transfer voter data case after the State argued that DOJ filed in the wrong federal court. This could be the 3rd of these suits DOJ filed in the wrong court under the Civil Rights Act of 1960 after same error in the California and Georgia suits. 17/
Coverage of yesterday's hearing in Common Cause Nebraska's state lawsuit seeking to block the Nebraska Secretary of State from turning over the state's sensitive voter data to DOJ -- no decision, yet: nebraskaexaminer.com/2026/01/29/c... 16/
California recently banned federal law enforcement officials (including ICE) from wearing masks or concealing their identities. At least 17 other states have proposed similar laws.
The federal government claims that these laws are unconstitutional. Is that right? Well, it's complicated 🧵 1/
@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation in the Trump administration’s efforts to expand federal control over our country’s historically state-run election infrastructure.”
This new Fulton Cnty. election search warrant raises _a lot_ of questions.
The apparent relevant crime is allegedly throwing away docs in '21 or '22.
What probable cause do they have that Fulton threw stuff away 4 years ago, and why do (some) 2020 records help prove what they threw away in 2022?
@derekclinger.bsky.social won first place in the Institute for Election Administration Funding Solutions Contest, a national contest to propose innovative election administration funding solutions. Read his winning proposal: buff.ly/qSWyilv.
DOJ's Oregon case officially dismissed: Yesterday, the judge called a hearing to require DOJ to explain how AG Bondi's weekend demand for MN's voter data in exchange for ICE leaving impacts the OR case. The judge's prior "tentative" dismissal is now final, though an opinion is still forthcoming. 15/
JUDGE: “It concerns me that Attorney General Bondi’s letter cites three things that are the subject of pending litigation before this court,” referring to the District of Minnesota.
"Is the executive trying to achieve a goal through force that it can't achieve through the Courts?"
New resource: We're tracking all 25 DOJ lawsuits seeking states' sensitive voter data, including status, key decisions (2 dismissals + 1 tentative dismissal so far), and upcoming hearings.
Check it out here: go.wisc.edu/93o421
Read our deep dive on the legal issues here: go.wisc.edu/070765
On Lawfare Daily, @annabower.bsky.social spoke with @cshaplaw.bsky.social and @bgodar.bsky.social about the state of Minnesota’s jurisdiction to criminally investigate Jonathan Ross, the ICE official who reportedly shot and killed Renee Nicole Good on Jan. 7. youtu.be/YzmBR71KPW8
14/ Breaking: DOJ's Georgia case dismissed for filing in wrong court. District court says should've been in Northern District (Atlanta), not Middle District (Macon). Wrong venue also contributed to the dismissal of DOJ's CA case last week. DOJ can refile in correct court. Order: go.wisc.edu/l6qx5p
As states check voter registration against a mashup of federal data, a new complaint says US citizens are getting kicked off state voter rolls as a result. www.wired.com/story/dhs-da...
@derekclinger.bsky.social @uwlawdemocracy.bsky.social ponders what could happen next
13/ @democracydocket.com has a new piece on the implications of last week's California decision and Oregon's "tentative" ruling for the remaining lawsuits. It covers a lot of ground: the decisions, DOJ's credibility, federal privacy law, and more.
www.democracydocket.com/news-alerts/...
12/ Underscoring states' privacy concerns: DOJ revealed that 2 DOGE employees at the Social Security Administration were secretly in touch with a group seeking to overturn election results and may have agreed to share SSN data to match state voter rolls.
www.nbcnews.com/politics/tru...
