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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