Ninth Circuit blocks Justice Department from halting 20,000 California ballots

A federal appeals court denied an emergency request from the U.S. Justice Department to stop California election officials from counting approximately 20,000 ballots from voters whose citizenship the Trump administration has questioned. The decision allows a lower court hearing to move forward on Tuesday.

The three-judge panel of the U.S. 9th Circuit Court of Appeals issued an unsigned order Monday. The panel, which includes two judges appointed by President Trump and one by President Biden, ruled that the court did not have jurisdiction over the request. The judges noted that a lower district court had not yet made a ruling on the matter.

The court granted a request from Los Angeles County to dismiss the appeal. It stated that the Trump administration failed to give the district court an adequate opportunity to consider its request for a temporary restraining order. The order described the claimed emergency as partially self-constructed, citing delays in filing suit and recognizing existing California state laws that govern ballot processing.

Judges Mark J. Bennett and Gabriel P. Sanchez joined the majority opinion. Each also wrote separate concurring opinions. They stated that even if the court had jurisdiction, they would have denied the administration's request on other grounds. Judge Sanchez argued that federal law bars such demands so close to an election, warning it would cause widespread confusion and divert election administration resources.

Judge Bennett wrote that the request was probably unconstitutional. He noted that the Elections Clause gives authority to Congress and the states, not the executive branch, to run elections. Bennett added that the administration offered no workable plan to achieve its remedy without causing potential catastrophic consequences to California's ongoing election.

Judge Patrick J. Bumatay, the other Trump appointee, dissented. He argued the administration had the legal right to intervene and that the appellate court had jurisdiction to bar the state from processing ballots cast by likely noncitizens until their citizenship is verified. Bumatay wrote that the federal government has a sovereign interest in safeguarding federal elections.

California officials reacted positively to the ruling. Attorney General Rob Bonta called it an important step to protect Californians' right to vote. Governor Gavin Newsom called it a welcome speed bump to the administration's attacks on the Constitution. The ruling clears the way for a hearing before U.S. District Judge David O. Carter in Los Angeles.

More than 3 million ballots have already been cast in the upcoming Nov. 3 midterm elections statewide. More than 500,000 have been cast in Los Angeles County. The hearing will determine whether courts should bar Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan from processing the flagged ballots until they provide proof of citizenship to the Trump administration.