Appeals court rules against DOJ in California ballot fight

A federal appeals court panel Monday refused to order California to set aside 20,000 mail ballots that the Trump administration says are likely from noncitizens.

In a 2-1 vote, the panel found it has no jurisdiction and the administration needs to wait for the trial judge to rule. He’s set to hold a hearing Tuesday, but the Justice Department has demanded faster action since ballots are being returned each day.

“The United States’s claimed emergency, at least in part, is a self-constructed one,” the court wrote in its unsigned ruling.

The Trump administration sued California earlier this month as the state rebuffed claims that it sent mail ballots to 20,000 likely noncitizens for the midterm contests. The suit seeks to keep the ballots segregated so they can be verified before being counted.

The majority comprised U.S. Circuit Judge Mark Bennett, appointed by President Trump, and U.S. Circuit Judge Gabriel Sanchez, appointed by former President Biden.

In dissent, U.S. Circuit Judge Patrick Bumatay, a Trump appointee, warned the ballots in question may not be able to be identified later.

“The question—does the federal government have the power to stop this potential attack on the integrity of our elections?” Bumatay wrote. “Under both federal law and the Constitution, the answer must be ‘yes.’”

As the Justice Department demanded speed and began racing up the appellate ladder, the U.S. Court of Appeals for the 9th Circuit agreed to convene for a rare weekend hearing to consider the case. Its ruling is not a final decision in the litigation, and the Trump administration could now try to ask the full 9th Circuit bench or the Supreme Court for an emergency intervention.

Otherwise, it’s headed back to the trial court Tuesday afternoon for a high-stakes hearing before U.S. District Judge David Carter, an appointee of former President Clinton who has moved the case along but not quite at the speed the administration has demanded.

As the clock ticks closer to next Election Day next week, voters across California have begun returning their ballots. Court documents show that in Los Angeles County alone more than 331,000 mail ballots have been received.

“Fantastic news in our defense against Donald Trump’s attacks on our Constitution and elections,” California Gov. Gavin Newsom (D) wrote on X. “Make no mistake: Trump won’t stop trying to illegally seize power or deface our democracy. California will keep fighting back.”