WASHINGTON — The U.S. Supreme Court on Monday denied the Department of Justice's last-minute bid to temporarily block California from counting mail-in ballots of approximately 20,000 voters whom federal officials suggested may not be U.S. citizens.
In an unsigned order, the court turned away the emergency request the Trump administration filed Monday morning, just hours before Election Day. The justices' one-sentence order came after Associate Justice Elena Kagan referred the application to the rest of the high court.
Lower courts had already rejected the DOJ's requests at every level. U.S. District Judge David Carter in Los Angeles ruled the federal government lacks Article III standing to bring the suit, stating that "California and its people are sovereign, too." The 9th U.S. Circuit Court of Appeals followed Friday, with a 2-1 ruling concluding there was a material risk that granting the requested relief would result in disenfranchisement.
Solicitor General D. John Sauer told the Supreme Court that the United States has identified more than 20,000 individuals who appear to be registered to vote in California but who, in the United States' view, are likely not U.S. citizens. He argued the government suffers a "judicially cognizable injury to its sovereignty" from the violation of its laws, and once California commingles the challenged ballots with lawful ones, there is no way to get them back.
But courts found the government's timing and legal basis insufficient. The appellate majority, Judges Mark Bennett (a Trump appointee) and Gabriel Sanchez (a Biden appointee), wrote that there is a material risk of disenfranchisement that outweighs the government's claims. In dissent, Judge Patrick Bumatay (also a Trump nominee) argued the administration was asking only to halt the mixing of ballots.
California officials have resisted the Justice Department's intervention, noting that it is already illegal under state law for noncitizens to vote and expressing skepticism about the federal government's information. The DOJ had previously given Los Angeles County officials a thumb drive containing names of voters it suggested could be noncitizens.
The ruling allows California to continue counting all valid mail-in ballots as the midterm election determines control of the House and Senate. Analysts widely predict Democrats will make significant gains. The Supreme Court did not explain its reasoning for the denial.
