THE DAILY BS: HOW MUCH CAN YOU HANDLE?
SPARE ME THE BS (I’ve got things to do).
- A federal appeals court rejected the Trump administration’s emergency request to segregate ballots associated with roughly 20,000 disputed California registrations.
- The Ninth Circuit found that federal prosecutors had approached the appellate court before a district judge ruled.
- A district-court hearing was scheduled for Tuesday, October 27, leaving the underlying eligibility claims unresolved.
LAY IT ON ME (I’ve got time).
The Trump Justice Department wants California to set aside ballots associated with approximately 20,000 registrations it suspects may belong to noncitizens.
A federal appeals court has just told the administration it took the wrong legal route. With Election Day around the corner, this courtroom drama has acquired the one thing federal litigation never seems to have enough of: a deadline.
On Monday, the Ninth Circuit rejected an emergency request from federal officials seeking to prevent California election authorities from counting ballots associated with the disputed registrations.
The Justice Department argues that the state must act to keep potentially ineligible voters from participating in federal elections. California officials dispute the reliability of the government’s list and say the requested intervention could affect lawful voters.
But the appeals court didn’t settle that argument. Instead, the panel determined the administration sought emergency relief before the district court had ruled.
In other words, the Justice Department tried to get to the appellate judges before completing the usual stop at the trial court. Even in a political emergency, there are rules about which courtroom door you knock on first.
And here’s a detail that complicates the usual Washington spin: the panel included two Trump appointees and one Biden appointee. Anyone hoping to reduce the ruling to a straightforward partisan lineup will have to explain that.
California Attorney General Rob Bonta hailed the decision as a victory against federal interference in election administration.
But for voters worried about eligibility, the main question is still unresolved: does the federal list identify people who are ineligible to vote, or does it include significant errors?
The Justice Department says its investigation identified more than 20,000 likely noncitizen registrations. California says that suspicion has not been substantiated enough to warrant the extraordinary remedy requested.
Meanwhile, ballots are already moving through California’s mail-based election system. An order affecting thousands of registrations shortly before November 3 could create significant administrative complications.
A district-court hearing was expected Tuesday. Monday’s appellate ruling was a procedural setback for the administration, not a final ruling on the disputed citizenship allegations.
The fight is now about whether the government can establish its case quickly enough to alter how ballots are handled in this election.
DBS WIRE SOURCES (I’ve got all day).
- Los Angeles Times — Ninth Circuit denies emergency appeal
- California Attorney General — Official response
- DOJ — Original allegations concerning California registrations
