Appeals Court Rejects DOJ Bid to Set Aside California Ballots
The Facts
- The U.S. federal 9th Circuit Court of Appeals ruled 2-1 Monday to reject President Donald Trump's bid to force California to set aside mail-in ballots from more than 20,000 people the Department of Justice (DOJ) says may not be U.S. citizens.
- The panel found it lacked jurisdiction because the DOJ had not given the district judge an adequate opportunity to rule, writing that the government's claimed emergency was "at least in part, is a self-constructed one."
- Trump-appointed Mark Bennett and Biden appointee Gabriel Sanchez formed the majority. Trump appointee Patrick Bumatay dissented, arguing the federal government has "a sovereign interest in safeguarding federal elections" and that California may be allowing "illegal voting."
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The Spin
Democratic narrative
Pulling ballots out of the count based on a secret list nobody will back up is a recipe for stripping real citizens of their vote. When the federal government can't produce proof and even concedes the list could sweep Americans into Trump's imaginary category of illegal voters, the courts have strong reason to say no. States run their own elections, and that authority cannot be bent to accommodate flimsy accusations.
Republican narrative
Holding disputed ballots aside until citizenship can be confirmed costs nobody a legal vote, since nothing gets destroyed. Meanwhile, hiding behind procedural timing while the clock runs out on an election is clearly an attempt by California to dodge its duty to secure elections. Citizenship is the bare minimum requirement for casting a ballot, and refusing even to check will kill whatever trust Americans still have in the process.
