Judge Barlow dismisses DOJ lawsuit over Utah voter data

District Judge David Barlow dismissed a federal lawsuit filed by the Justice Department against Utah Lt. Gov. Deidre Henderson on Friday. The case sought to force Henderson, the state’s top election official, to release a complete list of Utah voters. The administration wanted names, birthdays, addresses, and driver's license or Social Security information for the entire state.

This ruling marks one of more than 25 defeats for the Trump administration in its ongoing effort to address alleged illegal voting. Barlow, who was appointed to the federal bench by President Trump in 2019, previously worked as a Republican congressional lawyer and a federal prosecutor. He rejected the DOJ's argument that the Civil Rights Act of 1960 required Henderson to provide the data because it came into her possession.

The judge cited a Sixth Circuit Court of Appeals ruling that stated an ordinary English speaker would not say a person has come into possession of something they created and maintained. The DOJ argued that the law serves as an enforcement tool for federal election laws and should include statewide voter registration databases. Barlow countered that judges have no warrant to elevate vague invocations of statutory purpose over the specific words Congress chose.

A DOJ spokeswoman told Fox News Digital that the department will appeal the decision. She noted that the only appellate court to review the issue so far split on largely partisan grounds, with five judges signing onto dissents from denial of en banc review. The dismissal came with prejudice, meaning the Justice Department cannot simply refile the same claim, though it retains the right to take the case to a higher court.

Henderson, a Republican, posted on Threads that she appreciated the ruling. She wrote that her office will continue to uphold the rule of law and safeguard the right to free, fair, and secure elections for Utah residents. The administration has charged several individuals with illegal voting but has not yet found evidence of widespread fraud. It currently has three pending voter roll cases in Hawaii, Idaho, and Delaware, and is appealing losses in California and Oregon.

The White House did not respond to a request for comment on Monday. The next steps involve the DOJ filing its appeal, while the administration continues to pursue its remaining cases in other states.