Ninth Circuit Questions Bid to Set Aside California Ballots

A three-judge Ninth Circuit panel questioned the Trump administration’s emergency request to have California set aside roughly 20,000 mail ballots associated with people on a federal list of suspected noncitizens, raising doubts about its legal basis and the court’s authority to intervene. The judges heard arguments on Oct. 25 from Justice Department lawyers and California officials. The administration wants state election officials to separate ballots linked to people on its list while their eligibility is reviewed. The list identifies suspected noncitizens; the reports do not establish that those people voted or that any associated ballots were cast by ineligible voters. During the hearing, judges questioned whether the appeals court could act before the federal district court ruled. They also challenged whether the administration’s requested injunction was consistent with the Elections Clause, which assigns states authority over election procedures, subject to congressional regulation. Judge Mark Bennett questioned how the court could order relief that appeared inconsistent with California’s election law. Judge Gabriel Sanchez asked why the Ninth Circuit should intervene...