Judicial Whiplash

The Supreme Court denied the Trump administration's emergency request to force California to set aside mail-in ballots from roughly 20,000 suspected noncitizens until their citizenship could be verified. Then a 3-panel Ninth Circuit ruling lifted restrictions on the Trump administration's efforts to have states set aside ballots from suspected noncitizens, allowing it to resume such requests & then hours laters vacated the decision to allow the full 11-judge panel to rehear the case.


Katie Daviscourt

Late night ruling from the Ninth Circuit after SCOTUS declined to issue an injunction pending appeal.

California and Washington state are now on official notice. The 2-1 panel ruled that the thousands of non-citizen ballots CAN be sequestered. Election officials can also face prosecution for counting the noncitizen ballots, per the ruling.

What this means in simple terms: The DOJ can request to sequester ballots. If states do not comply and a noncitizen ballot is counted then the DOJ can prosecute the election official who counted the ballot.

… Judges Bea and Callahan held that the government is likely to succeed because requesting that states separate ballots, warning officials about federal law, and investigating suspected violations are core executive functions. States remain free to refuse the requests.

The majority also found that the Voting Rights Act's voter-intimidation provision likely does not authorize private lawsuits against the federal executive. It noted that Congress expressly authorized the Attorney General to enforce the provision.

Chief Judge Murguia dissented, arguing that the government cannot use threats of prosecution to force states to adopt election procedures that federal courts have already refused to impose. She warned that the ruling could intimidate election workers and disenfranchise eligible voters.

… about time.

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