Brief
Appeals court doubts DOJ lawsuit targeting California mail‑in ballots
Circuit Judge Mark Bennett said the case raises constitutional concerns and may not survive scrutiny.
By Felo News Desk · Published
A three‑judge US Court of Appeals panel expressed skepticism on Sunday about the Justice Department’s lawsuit that seeks to invalidate thousands of California mail‑in ballots deemed "likely non‑citizens," according to Al Jazeera.
What happened
The Department of Justice filed the suit on October 15, asking a federal court to set aside mail‑in ballots linked to a list of about 20,000 names the agency says are ineligible to vote. The appeal was heard during a rare weekend oral argument, and the panel indicated it would issue a decision as soon as possible.
What the reports add
Al Jazeera notes that the panel’s lead judge, Mark Bennett, was appointed by former President Donald Trump. Bennett questioned whether the lawsuit conflicts with the Elections Clause of the US Constitution, which reserves the administration of elections to the states. He asked, “How can we issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause?”
What was said
During the hearing, Bennett told Justice Department lawyer Matthew Donnelly, “It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause.”
How it came about
The lawsuit follows a broader effort by the Trump administration to challenge alleged non‑citizen voting ahead of the November 3 midterm elections. Earlier this month, the Justice Department warned California that failure to verify citizenship of ballot recipients could lead to legal action, as detailed in Felo News’ earlier coverage here. The administration has repeatedly claimed that non‑citizen voting benefits the Democratic Party, a claim that has been widely disputed.
Key facts
- The Justice Department sued California on October 15 to block about 20,000 mail‑in ballots linked to a list of alleged non‑citizen voters. (aljazeera.com)
- Circuit Judge Mark Bennett, a Trump appointee, questioned the lawsuit’s consistency with the Elections Clause during a weekend oral argument. (aljazeera.com)
- The appeals panel said it would issue a decision as soon as possible. (aljazeera.com)
Sources
- [1] aljazeera.com — originally reported as “US appeals court sceptical of Trump’s lawsuit over California voter rolls”
