The essentials
The Ninth Circuit has not yet ruled on the Justice Department's expedited appeal in its California noncitizen voter lawsuit.
The Justice Department's lawsuit against California over about 20,000 voters flagged as likely noncitizens has moved into a contested appellate fight. The department sought an emergency injunction, but the district judge did not rule by the deadline it requested. The department then appealed to the Ninth Circuit, seeking an expedited decision.
A Ninth Circuit panel held an emergency teleconference hearing but issued no ruling. The panel said it would decide quickly.
At the district level, Judge Bennett questioned whether the appellate court has jurisdiction while a district hearing was scheduled. Bennett also stated that California has authority under the Elections Clause to sort noncitizen votes. Judge Sanchez raised Tenth Amendment questions about the federal demand on the state.
California filed a declaration stating that segregating mail-in ballots could be catastrophic for tabulation. Los Angeles County has moved to dismiss the lawsuit for lack of standing. The outcome of the appeal and the district proceedings remains pending.
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Procedural Questions Dominate Early Stages of California Voter Case
The case so far has centered on procedure. The district judge did not meet the requested emergency deadline, and Judge Bennett questioned whether the appellate court has jurisdiction. The Ninth Circuit panel heard arguments without ruling and said it would act quickly, leaving the next steps dependent on how these threshold questions are resolved.
California Warns Ballot Segregation Would Disrupt Vote Tabulation Process
California's filings focus on operational and constitutional concerns. The state's declaration warns that separating mail-in ballots could be catastrophic for tabulation. Judge Bennett has said the state holds Elections Clause authority to sort noncitizen votes, and Judge Sanchez has raised Tenth Amendment questions about the federal demand.