ELECTION DAY WHIPLASH: Ninth Circuit Restores DOJ Power to Flag Suspected Noncitizen Ballots
- On Nov. 2, the Ninth Circuit Court ordered an en banc rehearing of a lawsuit challenging the Trump administration's efforts to have election officials segregate ballots from voters suspected of being noncitizens.
- Judge Trina Thompson issued a restraining order on Oct. 30, prohibiting the DOJ from threatening election officials with prosecution for counting ballots cast by voters the administration deemed ineligible.
- A three-judge panel previously ruled 2-1 to stay Thompson's order, allowing the DOJ to mandate ballot segregation after determining the government would suffer irreparable harm if barred from requesting such measures.
- Judge Mary Murguia dissented from that initial decision, arguing the administration's actions could coerce states into abandoning their election procedures, undermining The Constitution's allocation of authority to the states.
- The Ninth Circuit Court vacated its previous ruling and ordered the full rehearing without specifying a date, leaving the status of ballot segregation efforts uncertain during the ongoing legal challenge.
32 Articles
32 Articles
Ninth Circuit Allows Trump DOJ Noncitizen Voting Probe
The Ninth Circuit ended a chaotic stretch of reversals by letting the Trump Justice Department keep pressing California officials over suspected noncitizen ballots, handing election-integrity efforts a hard-won opening. A three-judge panel of the Ninth Circuit Court of Appeals on Monday paused a temporary restraining order from a San Francisco federal judge that had blocked […]
Ninth Circuit leaves restrictions on DOJ election enforcement on hold
The US Court of Appeals for the Ninth Circuit on Tuesday declined to reconsider a decision pausing restrictions on the Justice Department’s communications with election officials, leaving the stay in place during ongoing ballot processing and counting. The court’s denial of full-court rehearing followed an 11-judge en banc panel’s 6-5 decision earlier Tuesday to reinstate a stay of a district court order. That order had barred federal officials …
Ruling marks court's third order in roughly 12 hours
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