Court Denies DOJ's Request to Segregate Alleged Noncitizen Ballots in California

A federal appeals court has once again declined the Trump administration's request to segregate more than 20,000 ballots in California that the government claims may be from noncitizens. This decision underscores the ongoing tension between state control of elections and federal interventions.

Appeals Court Ruling

On Friday, a panel from the 9th U.S. Circuit Court of Appeals ruled 2-1 against the Department of Justice's (DOJ) latest attempt. The judges determined that the DOJ did not adequately prove the need for such extraordinary measures during an active electoral process.

The majority opinion stated, "The United States has not made the required showing that such extraordinary relief, during an ongoing election, is clearly required by law." They emphasized the challenges in isolating ballots without jeopardizing the overall election process.

Dissenting Opinion

In a dissenting opinion, Judge Patrick Bumatay, appointed by Trump, argued that the government's request was a reasonable attempt to protect election integrity. He posited that there could be cooperation between federal and state authorities to address the issue of noncitizen voting while respecting California's laws that prohibit such actions.

Background of the Case

This ruling marks the second occasion within a week that the same appeals court panel has rebuffed the government's efforts in this matter. Earlier, U.S. District Judge David Carter ruled on a similar motion, asserting that the request contravened longstanding constitutional principles that grant states control over their electoral procedures.

Judge Carter warned that granting the government’s request could lead to significant disruptions, potentially benefiting one political party over the other.

Controversial Methodology

Judge Carter also raised questions about the government’s criteria for identifying alleged noncitizen voters. He noted that the Department of Homeland Security had inflated figures regarding registered noncitizens in California, initially estimating the number to be around 200,000.

Additionally, he referenced the administration's claims in Nevada, which originally suggested thousands of noncitizen voters, only to later revise the figure significantly downward after manual checks corroborated that all identified individuals were citizens.

Implications of the Ruling

The appeals court previously dismissed the government's assertion that an emergency intervention was necessary, suggesting that the sense of urgency was largely self-manufactured due to the lateness of their appeal.

The Justice Department has not yet responded to requests for further comments regarding the ruling or the possibility of escalating the case to the Supreme Court.

Reactions to the Decision

Kristen Clarke, the NAACP's general counsel, who participated in defending California's position, remarked on the ruling, emphasizing that it protects the voices of over 20,000 voters from unjust allegations. Clarke noted, "Today's decision sends a clear message: our elections must be governed by facts, law, and constitutional principles, not political interference or voter suppression."