
Supreme Court denies DOJ request to make California set aside any mail ballots from about 20,000 people on a federal suspected-noncitizen list
Separately, Chief U.S. District Judge James Boasberg barred DOJ and DHS from demanding that officials set the ballots aside, finding a likely violation of the Elections Clause (the Constitution's grant of election rules to states and Congress).
- Oct. 18 — Trump said Los Angeles election officials "will all go to jail" if they count mail ballots of 20,000 people DHS flagged as likely noncitizens. - Oct. 20 — DOJ charged 28 California green-card holders from the list with voting crimes and arrested 11; it says 21 actually cast ballots. - Oct. 23 — Attorney General Todd Blanche said DOJ won't "improperly interfere" but wouldn't rule out trying to block states from certifying results. - Oct. 25 — DOJ gave California counties 48 hours to help check citizenship and asked them to set aside the listed voters' mail ballots. - Oct. 26 — A 9th Circuit panel dismissed DOJ's emergency appeal, 2-1, leaving the case with U.S. District Judge David Carter. - Oct. 26 — DOJ asked Washington state to set aside ballots from a 405-name list; Washington refused, saying the list includes U.S. citizens. - Oct. 28 — Carter denied DOJ's request, writing that its last-minute bind was "solely due to its own neglect." - Oct. 30 — Another 9th Circuit panel denied DOJ's next emergency bid, 2-1, with Trump appointee Mark Bennett in the majority. - Oct. 30 — Judge Trina Thompson barred DOJ from threatening election workers who decline to halt ballot processing.
ContextDOJ's remaining request goes before U.S. District Judge David Carter on Nov. 13, ahead of California's certification deadlines: Dec. 3 for counties, Dec. 11 for the state. Winning may recover little, because once a ballot leaves its identifying envelope, officials cannot trace it to a voter. California allows citizenship challenges only before that envelope opens, and with extraordinary proof.
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