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Politics · November 2, 2026

DOJ asks for Supreme Court to intervene on California ballot demands

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The Supreme Court on Monday rejected an emergency request from the Trump administration to order California to set aside 20,000 mail-in ballots. The Department of Justice (DOJ) sought to segregate these ballots on the grounds that the voters were 'likely' noncitizens, arguing that failure to do so would dilute valid votes once the ballots were processed. Lower courts, including a U.S. District Court and the Ninth Circuit Court of Appeals, had previously denied the request, with one judge warning it would 'wreak havoc' on the midterm elections. The Supreme Court's denial was issued without comment or dissent just hours before Election Day.

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Reported across the spectrum

  • The Trump administration appealed to the Supreme Court to force California to set aside approximately 20,000 mail-in ballots.
  • The DOJ claimed the ballots belonged to individuals who are likely noncitizens.
  • The Supreme Court denied the emergency application for an injunction.
  • The denial was issued shortly before the November 3 midterm elections.
  • Lower courts, including the Ninth Circuit Court of Appeals, had already rejected the administration's request.

Reported by only some outlets

  • U.S. District Judge David Carter, who ruled against the administration, was appointed by Bill Clinton.
  • The DOJ identified the 20,000 individuals using publicly accessible information and executive branch reviews.
  • Liberal Justice Elena Kagan oversees cases from the Ninth Circuit and received the emergency appeal.
  • More than 6 million mail ballots have been returned in California out of 23 million registered voters.
  • The NAACP described the DOJ's challenge as 'baseless' and 'voter suppression.'
  • The Supreme Court order was unanimous and unexplained.

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