Wave Wire Services
LOS ANGELES — The U.S. Supreme Court rejected the Trump administration’s 11th-hour demand for California to set aside thousands of disputed mail ballots ahead of the midterm elections.
The Justice Department asked the high court Nov. 2 to weigh in and stop California election officials from counting more than 20,000 ballots from people the federal government suspects may be non-citizens.
The request came after a split 9th U.S. Circuit Court of Appeals panel and a Los Angeles federal judge last week rejected the Justice Department’s attempt to obtain a temporary restraining order separating the allegedly ineligible vote-by-mail ballots.
“We decline the United States’ invitation to contravene the Elections Clause by undermining the Constitution’s plain text,” the 9th Circuit panel majority wrote in a 2-1 decision.
In a forceful opinion last week, U.S. District Judge David O. Carter said the federal government’s request “would wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens.”
The judge set an expedited hearing for Nov. 13 in Los Angeles federal court to further explore the matter. Carter said election officials have until Dec. 3 — the date by which election results must be certified — to resolve the issue, suggesting there was no need for an emergency injunction.
Carter indicated he would call witnesses to determine the reliability of the methodology and data that prosecutors used in creating the list of 20,000 possible non-citizens. He said previously that federal officials provided only vague explanations “and raised multiple questions regarding reliability” of the process.
In asking for a quick ruling on the renewed motion, the Department of Justice wrote that “once a vote-by-mail ballot has been processed, it cannot be undone if it is later determined that the voter was ineligible.”
The midterm elections are crucial because they will determine which parties hold majorities in both chambers of Congress.
Carter, a President Bill Clinton appointee who is overseeing the closely watched lawsuit, United States of America v. State of California, et al., previously dismissed a Department of Justice attempt to force California to turn over its full voter registration list to the federal government.
The Justice Department has sued 30 states that refused to turn over voter data, losing the majority of the cases so far.
The Supreme Court decision Nov. 2 marked the fourth legal victory for California.
“Courts have now rejected the Trump administration’s attempts to interfere in California’s elections not once, not twice, not three times, but four times — from the district court to the Ninth Circuit to the U.S. Supreme Court,” Attorney General Rob Bonta said in a statement. “This latest decision should put an end to the administration’s attempt to disrupt California’s elections through emergency court orders. But our work is not over. We will remain vigilant and keep fighting back against federal efforts to undermine our democracy.”
Gov. Gavin Newsom also applauded the high court ruling.
“After repeatedly losing in the lower courts, the highest court in the land firmly slapped down the Trump DOJ’s baseless attack on California’s electoral process — not even entertaining it,” Newsom said. “The third branch of government did its job, and that should be a welcome sight for all Americans given the disgusting and dangerous attacks on our democracy by the federal government.
“Californians can feel secure in knowing the state will carry out a free and fair election — just as we’ve always done. If you have not yet: vote, drop your ballot in a drop box, and feel good about exercising your constitutional right to vote.”
Secretary of State Shirley Weber, a defendant in the suit the DOJ brought against California, added: “While this fight is not over yet, on the eve of Election Day, this means millions of Californians can focus on the most important task at hand — casting their ballot. The time to vote is now!”
The federal government sued California on Oct. 15, more than a week after mail ballots were sent to all registered voters, demanding it set aside 20,000 ballots from alleged non-citizens after the state refused to voluntarily sequester those votes.
In opposition to the administration’s demand for an injunction, the defendants — Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan — argued they lack the mechanisms and legal authority to freeze mail ballots until voters’ citizenship can be verified.
The Department of Justice’s first appeal to the 9th Circuit was denied because the lower court judge had not yet ruled on the request. The three-judge appellate panel quickly rebuffed the effort following a rare weekend hearing.
In his subsequent ruling, Carter wrote that by moving to have ballots sequestered, the Trump administration embarked on “a broad, ongoing pattern of attempted election interference.”
On Oct. 29, federal prosecutors pursued subpoenas of California state and local election officials in connection with alleged illegal voting in the midterm elections.
“The president of the United States has a loose grip on the law and an even looser grip on reality,” Attorney General Bonta posted on X Oct. 31. “As I’ve said many times, the only election Donald Trump recognizes as valid is one where he wins. There is no widespread voter fraud. The federal government has no right to interfere in California’s elections.”
Mayor Karen Bass blasted the Trump administration’s request to have the Supreme Court intervene in the election process.
“Donald Trump is asking the Supreme Court to intervene in the California ballot case the day before Election Day, after lower courts have already said no,” Bass said in a statement. “This is a desperate attempt to scare people into staying home, and it’s a distraction from the real issues that matter to Angelenos and Californians.
“It’s also an effort to make Americans doubt our elections, which are safe, secure, and run by dedicated election workers. Don’t fall for it. I encourage everyone to drop off their ballot or head to their polling place,” Bass added. Your ballot is your voice, and no one can take that away from you.”
