DOJ Seeks Emergency Order to Block California Ballots

The Department of Justice is demanding that a federal appeals court rule by Friday on an emergency bid to stop California from counting ballots from 20,000 individuals whom the Trump administration alleges are likely noncitizens.

The filing submitted to the Ninth Circuit argues the intervention is necessary to prevent the unlawful dilution of American citizens’ votes and protect election integrity. The self-imposed deadline points to an effort by the administration to speed the case toward the U.S. Supreme Court ahead of Election Day.

The Escalation to the Ninth Circuit

This latest legal maneuver follows a string of fast-tracked filings. Earlier, the administration demanded a rapid ruling from a federal district court. When that judge did not meet the deadline, the Trump administration took the unusual step of appealing directly to the Ninth Circuit, which rebuffed the attempt as premature.

District Judge David Carter Rejects Restraining Order

The new appeal lands just one day after U.S. District Judge David Carter denied the administration’s request for a temporary restraining order. That order would have forced California to set aside tens of thousands of ballots until voter citizenship statuses could be verified. Carter determined that the Justice Department was unlikely to succeed on the merits. He pointed specifically to the administration’s sweeping assertion that federal law criminalizing noncitizen voting preempts states’ constitutional authority to conduct elections, concluding the DOJ likely lacks standing and a valid cause of action.

A Clash Over Federal Data and Judicial Discretion

Carter went further in his ruling, stating that the federal government’s attempt to meddle in California’s ballot processing based on unproven allegations would wreak havoc on democracy. In Thursday’s filing, the administration countered that Carter’s determination regarding standing and a statutory cause of action should be reversed. The filing also characterized Carter’s doubt regarding the reliability of the federal data as an abuse of discretion.

Familiar Skepticism on the Appeals Panel

The appeal will be weighed by the same three-judge panel that previously rebuffed the initial effort as premature. During that earlier procedural ruling, two judges voiced deep skepticism regarding the administration’s underlying case. Acknowledging this history, the Justice Department noted in its Thursday filing that the Ninth Circuit is already familiar with the background as it pressed for a decision by Friday.

California Fights Back as Litigation Proceeds

Sam Siegel, deputy solicitor general for California’s Department of Justice, urged the Ninth Circuit to reject the request. He noted that temporary restraining orders generally cannot be appealed and pointed out that the court recently observed the Trump administration’s claimed emergency is, at least in part, self-constructed. Siegel added that if the court does take up the appeal, the state sees no need for further briefing and arguments.

While the Ninth Circuit considers the request to block the counting of disputed ballots, the underlying lawsuit will proceed in district court. That litigation alleges California has failed to remove alleged noncitizens from its voter rolls. Judge Carter has set an expedited briefing schedule, with a hearing scheduled for Friday, November 13. By November 6, Carter wants all parties to submit a list of witnesses who can speak directly to the validity of the federal data and methodology used for flagging alleged noncitizens.

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