NewzA panel of federal appellate judges is questioning the Justice Department's demand that California election officials set aside thousands of mail ballots A panel of federal appellate judges on Sunday questioned the timing, constitutionality and authority of the Justice Department’s demand that California election officials set aside thousands of mail ballots from people the federal government suspects may not be citizens. During rare weekend arguments, two of the three judges on the 9th U.S.
Circuit Court of Appeals appeared skeptical of a lawsuit brought by President Donald Trump’s administration in mid-October. The lawsuit accuses California officials of failing to meet a 48-hour deadline to review 20,000 names the administration flagged as likely noncitizens on the state’s voter rolls. The administration asked a federal judge to require the state to withhold counting those ballots until the voters’ immigration status could be verified.
The district judge scheduled a hearing for Oct. 27, days after the case was assigned, but the federal government appealed to the 9th Circuit Court of Appeals, seeking an expedited decision. Justice Department attorney Matthew Donnelly told the panel that California is causing irreparable harm “by allowing noncitizens to vote in violation of their own state laws.
The damage is irreversible and irrevocable.” The Trump administration has made efforts to identify noncitizen voters a priority this year, even though noncitizen voting is exceptionally rare. Circuit Judge Mark Bennett, a Trump appointee, questioned whether the appellate court even has jurisdiction to hear the case even before a ruling by the lower court. Donnelly argued that the schedule set by the lower court judge was too slow and effectively a denial of the government’s request, as state elections officials process thousands of mail ballots every day.
Judge Gabriel Sanchez, appointed by former President Joe Biden, questioned whether the federal government was violating the Tenth Amendment, essentially commandeering the state to enforce a federal law that makes it a misdemeanor for a noncitizen to vote. The federal government is simply asking California to enforce their own law, which also bans noncitizens from voting, Donnelly said. He argued the state’s refusal to comply with the federal request to set aside the ballots for review was “frustrating the purpose” of the federal law against noncitizen voting.
Constitution gives state legislatures the power to set the time, place and…
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