A federal appeals court panel on Sunday pressed the Trump administration over its emergency request to force California to isolate roughly 20,000 mail-in ballots suspected of links to noncitizens, with the U.S. Court of Appeals for the Ninth Circuit expected to rule before midterm vote counting.
The three-judge panel raised sharp questions about the government's legal theory and the court's power to intervene. Attorneys for the Trump Justice Department and California spent nearly two hours presenting arguments.
The administration argued for an immediate ruling, warning that California election officials could process hundreds of thousands of ballots daily while the dispute drags on—potentially shifting the election outcome.
Circuit Judge Mark Bennett, a Trump appointee, challenged the core premise. "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," he told Justice Department attorney Matthew Donnelly. That clause gives state legislatures authority over the timing, place and manner of congressional elections, subject to federal regulation.
Judge Gabriel Sanchez, a Biden appointee, questioned whether the Ninth Circuit should act before the district court has ruled. A hearing before U.S. District Judge David Carter is set for Tuesday.
Judge Patrick Bumatay, another Trump appointee, focused his questions on the government's noncitizen voting concerns.
The panel's decision will determine how California handles this subset of mail-in ballots and test the boundaries between federal and state authority over election administration.
