A federal appeals court on Monday rejected the Trump administration's unprecedented attempt to force California to set aside votes from 20,000 people it claims are noncitizens.
The Justice Department's lawsuit in California, 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 US Circuit Court of Appeals denied the Justice Department's emergency appeal following arguments in an unusual emergency Sunday hearing held via Zoom.
Judge Mark Bennett, a Trump appointee, and Judge Gabrial Sanchez, a Biden appointee, ruled that the appeals court did not have the authority to rule on the DOJ lawsuit before the district court had addressed the matter.
"The United States's claimed emergency, at least in part, is a self-constructed one," the majority wrote. A third judge on the panel, Trump appointee Judge Patrick Bumatay, dissented.
A US appeals court on Monday ruled against President Donald Trump's administration in a major voting dispute ahead of the midterm elections, denying a request to block California from counting mail ballots from people on a list of more than 20,000 registered voters the federal government alleges are likely noncitizens.
The decision marked the latest setback in Trump's efforts to assert a greater federal role in overseeing elections in the run-up to the November 3 midterms in which his fellow Republicans are fighting to retain control of Congress.
California is the most populous US state and a Democratic stronghold. It has more seats in the House of Representatives — 52 — than any other state.
The decision sends the case back to the US District Court in California, where a Tuesday hearing is scheduled at 4 p.m. ET.
The Justice Department filed a lawsuit earlier this month seeking to prevent officials in California from counting more than 20,000 mail-in ballots associated with people the federal government says it believes are likely noncitizens.
The DOJ could further escalate its lawsuit by appealing to the US Supreme Court. If it does, Justice Elena Kagan, who is assigned to oversee appeals from the 9th Circuit, will handle the appeal.
Did the court rule that the ballots must be counted? No — it ruled that the appeals court could not hear the case yet, because the district court had not ruled first. The case now returns to the district court.
How many ballots are involved? More than 20,000 registered voters are on the federal government's list, though it did not indicate how many of those people had actually submitted a mail ballot.
What is the next hearing? A district court hearing is scheduled for Tuesday at 4 p.m. ET in California.
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