Fourth Circuit Panel Upholds Order Directing Virginia to Restore Aliens to Voter Rolls

A federal appeals court has upheld last week’s order by Judge Patricia Giles, a Biden appointee, that Virginia restore to its voter rolls approximately 1,600 people removed because they’ve self-identified as noncitizens — notwithstanding that both registering to vote and voting are federal crimes if done by aliens. (See my prior posts, here and here.)

In a six-page decision issued Sunday night, a three-judge panel of the Fourth Circuit appellate court concurred with Judge Giles that Virginia’s removal effort violates the National Voter Registration Act (NVRA). The three panel members were Judge Toby Heytens, a Biden appointee, joined by Chief Judge Albert Diaz and Judge Stephanie Thacker, both Obama appointees.