Opening Arguments Opening Arguments

Florida Judge Says Congress Can't Make Noncitizen Voting a Federal Crime

Oct 9, 2026 · 47m

Summary

Opening Arguments episode 1303 covers a federal judge striking down the statute criminalizing non-citizen voting, arguing Congress lacks constitutional authority to set voter qualifications. The hosts also discuss a significant ruling staying massive civil fines imposed on immigrants for overstaying visas, which can reach millions of dollars. Additionally, they analyze the Supreme Court's upcoming review of "third country removals" and the legal battles over ICE custody jurisdiction. The episode concludes with a humorous anecdote involving a federal agent and a non-existent gorilla.

Topics discussed

Sponsors: Progressive, Odoo, and FICO Intro: Gorilla fine and 'everything is on fire' Preview: Good news and under-the-radar stories Teaser: Judge strikes down voting law Teaser: $998/day immigration fines Teaser: Third country removals case Teaser: The non-existent gorilla case Book Club: Into the Wood Chipper by Nicholas Enrich Patreon and show announcements Sponsor: Quince clothing and fall favorites Sponsor: Progressive auto insurance savings Sponsor: FICO score accuracy ICE arrests and illegal voting narrative Judge strikes down federal voting statute Constitutional authority and weak precedent Judge's informal writing style Statute details: 18 U.S.C. 611 State vs. federal voter qualification power Impact on Trump admin's voting fraud claims Textual limits and motion to dismiss scope Clarification: State rights to allow voting MAGA conspiracy theories vs. legal reality History of immigration overstay fines Milo Yiannopoulos and willful overstaying 1996 reforms and sanctuary church targeting Trump interim final rule on civil penalties Human impact: Cruelty of massive fines Judge Leibowitz's informal decision style Procedural issues: Notice and comment Comparison to international fine caps Plaintiff profiles and orders of supervision Role of federal courts in stopping policies Universal injunction scope and CASA decision Pre-CASA injunction standards Corporate fines vs. individual immigration fines Future of the decision and Supreme Court Sponsor: Jerry insurance app Supreme Court: Immigration attorney consultation INA citations: 1225 vs 1226 explained Jurisdiction for tourist visa overstayers Arriving aliens and bond hearing rights Parole vs. other border entries 1996 source and recent judicial shifts Local pressure and detention facility wins Technical stakes and long footnotes Habeas petitions in New England and red states New federal court step in bond process Supreme Court tools and recusal jokes Fifth Circuit split and detention concentration Shadow docket risks and cert grant Transition to the gorilla story 1993 sting operation introduction Previous fake animal fraud stories The gorilla sale and corrupt zoo claim Forged permits and $92,500 wire Gorilla suit and Andy Serkis connection King Kong and Planet of the Apes trivia Andy Serkis career and Peter Jackson Gorilla Gronk and shitting tactics Entrapment and the missing gorilla Philosophical questions of non-existent crime Sentencing departure and conservationist defense Wacky stories and Trump trial wishes Outro: Summary and invisible gorillas End card: Non-shitting gorilla joke
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