Ninth Circuit Judges Question Trump DOJ's Emergency Bid to Set Aside 20,000 California Mail Ballots
After nearly two hours of argument Sunday, a three-judge panel pressed both sides on the Elections Clause and on whether it should act before the district judge rules. A ruling is pending.
A federal appeals panel on Sunday questioned the Trump administration's emergency effort to make California set aside about 20,000 mail ballots tied to people the Justice Department suspects are noncitizens, Fox News reports.
The hearing. Attorneys for the administration and California argued for nearly two hours before three judges of the Ninth Circuit, according to Fox News' Matt Finn. The Justice Department asked for an immediate ruling, saying hundreds of thousands of California ballots could be tabulated each day while the dispute is open. It wants ballots tied to people on its list held apart while their eligibility is reviewed, instead of being processed with other votes.
What the judges asked. Judge Mark Bennett, a Trump appointee, asked how the injunction could square with the Constitution's Elections Clause, which gives state legislatures authority over the times, places and manner of congressional elections, subject to Congress. He told DOJ attorney Matthew Donnelly the request is "entirely inconsistent with the law that the California legislature has adopted." Judge Gabriel Sanchez, a Biden appointee, asked why the appeals court should step in when U.S. District Judge David Carter has not ruled and has a hearing set for Tuesday. Judge Patrick Bumatay, also a Trump appointee, focused more on noncitizen voting and on how California handles challenges to suspected ineligible voters.
How we got here. DOJ filed suit Oct. 15, about two weeks after California began mailing ballots, and went to the appeals court after Carter did not rule by the department's requested deadline. Before argument, the administration said California has a history of "mishandling voter rolls."
California's response. The state disputes the federal data and says it has strong safeguards against noncitizen voting. Fox reports Los Angeles County officials found discrepancies in a portion of the federal list, including people born in the United States or not registered to vote. In a weekend filing California said the federal theory would "turn the Constitution on its head." Fox cites figures from the litigation of more than 3 million ballots cast statewide, including more than 500,000 in Los Angeles County.
What's next. Bennett said the panel would try to rule as quickly as possible.
Note for readers: we have not seen the court filings or the DOJ list, and the dispute over whether the 20,000 are noncitizens is unresolved. The panel's questions are not a ruling. We covered the earlier order requiring California to respond.