New setback for Trump: Appeals court refuses to block 20,000 mail ballots in California
The 9th Circuit Court of Appeals ruled 2-1 against setting aside mail ballots that the administration says were cast by "likely non-citizens".
Symbolic image · Photo: Carol M. Highsmith / Wikimedia Commons, Public domain (cropped and resized)
The US Court of Appeals for the 9th Circuit has again rejected an attempt by Donald Trump's administration to stop the counting of around 20,000 mail-in ballots in California. The administration says they were cast by "likely non-citizens" for the 3 November midterm elections. The decision was two to one: Judges Mark Bennett and Gabriel Sanchez formed the majority, while Patrick Bumatay dissented.
"We decline the United States's invitation to contravene the Elections Clause by undermining the Constitution's plain text," the majority wrote. The administration sued California on 15 October. A first emergency request failed because the lower courts had not been given enough time; a federal judge then also ruled against the administration, which appealed again.