# Trump-Appointed Judge Throws Out DOJ's Suit for Utah's Full Voter List, Adding to More Than 25 Voter-Roll Losses

Judge David Barlow dismissed the case with prejudice, saying the 1960 Civil Rights Act does not make a state hand over a list it created itself. DOJ says it will appeal and points to a split among appeals courts.

- Section: [Politics](https://rightnewsrightnow.com/politics/)
- Published: 2026-10-26
- By: RightNewsRightNow Staff
- Canonical page: https://rightnewsrightnow.com/articles/trump-appointed-judge-dismisses-doj-utah-voter-data-suit-barlow-henderson-25-losses-fox-news/

A judge appointed by President Trump has thrown out the Justice Department's lawsuit demanding Utah's complete voter list, Fox News reports.

The ruling. U.S. District Judge David Barlow dismissed the case Friday against Utah Lt. Gov. Deidre Henderson, a Republican and the state's top election official. The department wanted names, birthdates and addresses, plus driver's license numbers or the last four digits of Social Security numbers. Barlow dismissed it with prejudice, so DOJ cannot refile the same claim, though it can appeal.

The reasoning. DOJ argued the Civil Rights Act of 1960 requires states to make voting records that "come into" their possession available for federal inspection. Barlow cited a Sixth Circuit ruling that said an ordinary speaker would not say a state has come into possession of something it created and maintains. He also said judges have "no warrant to elevate vague invocations of statutory purpose over the words Congress chose."

The scorecard. Fox says this is one of more than 25 voter-roll defeats for the administration. DOJ still has cases pending in Hawaii, Idaho and Delaware and is appealing losses in California and Oregon.

DOJ's response. A spokeswoman said the department will appeal, noting that "the only appellate court yet to review this has split on largely partisan grounds" and that five Sixth Circuit judges signed dissents from denial of en banc review. Henderson said her office will keep safeguarding "the fundamental right to free, fair and secure elections."

Note for readers: Fox adds that the administration has charged some people with illegal voting but has not found evidence of widespread voter fraud. Our summary relies on Fox's account; we have not read the opinion.

## Source

Original reporting: [Fox News](https://www.foxnews.com/politics/trump-appointed-judge-slams-door-doj-court-losses-pile-up-days-ahead-midterms)