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Politics · October 25, 2026

Appeals court rejects Trump DOJ demand to set aside 20,000 California mail ballots

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A three-judge panel of the 9th U.S. Circuit Court of Appeals has rejected a request by the Department of Justice to immediately set aside 20,000 mail-in ballots in California. The Trump administration argued these ballots should be segregated and verified based on suspicions that the voters might be noncitizens. In a 2-1 decision, the court ruled that it lacked jurisdiction because the Justice Department had not allowed the district court sufficient time to address the matter before filing an emergency appeal. The majority characterized the administration's legal urgency as "self-constructed," noting that the lawsuit was filed less than three weeks before the November 3 midterm elections. While the appeals court dismissed this specific emergency bid, a federal district court hearing remains scheduled for Tuesday.

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Reported across the spectrum

  • A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 against the Department of Justice's emergency request.
  • The Justice Department sought to have California set aside or segregate 20,000 mail-in ballots from individuals suspected of being noncitizens.
  • The court majority consisted of Judges Mark Bennett and Gabriel Sanchez; Judge Patrick Bumatay dissented.
  • The court ruled it lacked jurisdiction to intervene before the district court had a full opportunity to consider the case.
  • The 9th Circuit majority described the Justice Department's claimed emergency as "self-constructed."

Reported by only some outlets

  • The Justice Department gave California's Secretary of State a 48-hour deadline to verify the citizenship of the 20,000 voters before filing suit.
  • The Justice Department filed its lawsuit less than three weeks before the November 3 midterm elections.
  • The district court was given approximately 15 hours to rule on a temporary restraining order before the DOJ filed its appeal.
  • A hearing at the district court level remains scheduled for Tuesday.
  • The DOJ demand included a requirement for individuals on the list to verify their citizenship before their ballots could be counted.

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