- A federal appeals court denied the Trump administration's emergency appeal to block California from counting over 20,000 mail-in ballots associated with alleged noncitizens.
- The decision marks the latest setback in Trump’s efforts to assert a greater federal role in overseeing elections ahead of the November midterms.
- On Friday, letters were sent to California election officials demanding they set aside and verify ballots claimed to belong to noncitizen voters.
- The DOJ's lawsuit, filed earlier this month, is part of its escalating effort to insert the federal government into how states run their elections.
- A three-judge panel on the 9th Circuit denied the emergency appeal following arguments in an unusual emergency Sunday hearing held via Zoom.
- The ruling stated that the appeals court did not have the authority to rule on the DOJ lawsuit before the district court had addressed the matter.
- The case returns to the US District Court in California, where a hearing is scheduled for Tuesday at 4 p.m. ET.
A U.S. appeals court ruled against the Trump administration on Monday, denying its emergency appeal to block California from counting mail-in ballots from over 20,000 individuals the federal government claims are likely noncitizens. This decision is a significant setback for federal election oversight efforts as the midterm elections approach.
The 9th U.S. Circuit Court of Appeals stated that it lacked the authority to intervene before the district court had addressed the matter. Judge Mark Bennett, a Trump appointee, noted that the emergency claimed by the Justice Department was partly self-constructed, attributing delays to the government's own actions.
The Justice Department's lawsuit, filed earlier this month, sought to prevent California officials from counting these ballots, escalating tensions between the Trump administration and the state. The court's decision sends the case back to the U.S. District Court in California, where a hearing is scheduled for Tuesday at 4 p.m. ET.7
This ruling reflects ongoing disputes over voting rights and election integrity, particularly as the midterms approach, with Republicans striving to maintain control of Congress amid heightened scrutiny of mail-in voting practices.
“The United States’s claimed emergency, at least in part, is a self-constructed one,” the majority wrote, emphasizing the complexities surrounding the counting of ballots in a state with millions of registered voters.
As the political landscape evolves, this ruling could have significant implications for election oversight and the integrity of mail-in voting in California and beyond.
“The panel's majority wrote that the administration's claimed emergency was 'self-constructed,' citing its own delay in filing suit. The case now returns to district court, where a hearing is set for Tuesday at 4 p.m. ET.”
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