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Justice Alito, joined by Roberts, Kennedy, Thomas, and Gorsuch, upheld the legislation.Justice Breyer, with Ginsburg, Sotomayor, and Kagan, dissented.You always have the choice to experience our sites without personalized advertising based on your web browsing activity by visiting the DAA’s Consumer Choice page, the NAI's website, and/or the EU online choices page, from each of your browsers or devices.To avoid personalized advertising based on your mobile app activity, you can install the DAA’s App Choices app here.By the time the voter loses her status, she has not voted for six years because of her failure to vote.In contrast, Breyer and the law’s challengers conclude that the failure to vote cannot serve as a trigger for a change of address notification.
Thomas told an alternative story, even though he “join[ed] the Court’s opinion in full.” He joined the majority’s opinion because it avoided serious constitutional problems. The states, not Congress, have the authority to decide “who can vote.” Thomas did not want the states’ constitutional power weakened here as it would have been, he concludes, if the dissent had won.
Alito thought it was legitimately considered as evidence of a person’s change of address.
Breyer, in contrast (and subject to some mockery by Alito), argues that it is a “human tendency not to send back cards received in the mail.” Such a tendency is not evidence of address change for the dissent.
Justice Thomas wrote a separate concurrence, and Justice Sotomayor added her own dissent.
The opinions reflect division over how to analyze the right to vote.