A Federal Appeals Court has Rejected the Trump (R) Administration's late-breaking effort to force California to Separate Mail-in-Ballots from 20,000 purported Mon-Ccitizens. A 2-1 Ruling from a Panel of the 9th Circuit Court of Appeals Concluded that the Justice Department (DOJ) Improperly Circumvented a Lower-Court Judge who had Scheduled a Hearing on the Matter on10/27/2026 and moved too Slowly to Seek Emergency Rrelief.
“[T]he United States failed to allow the district court adequate opportunity to consider its application for a Temporary Restraining Order,” the Majority wrote. “The United States’s claimed emergency, at least in part, is a self-constructed one.” Judge Mark Bennett, a Trump Appointee, joined Judge Gabriel Sanchez, a Biden (D) Appointee, in turning Down the Administration’s Emergency Appeal. Judge Patrick Bumatay, another Trump Appointee, Dissented and said He would have Granted the Request.
Though the Outcome was Foreshadowed in a Hearing Sunday, in which the Judges Appeared Skeptical of their Power to take up the Trump Administration’s Case, the Dissent by Bumatay created a Surprising Split. Bumatay said the Trump Administration’s View, that a Federal Criminal Law Barring Voting by Non-Superseded California’s Election Procedures, would likely Prevail in the Wnd, and that every day without Relief from the Courts increased the likelihood that Non-Citizens' Votes would be improperly Counted in the Midterm Elections.
“The question—does the federal government have the power to stop this potential attack on the integrity of our elections?” Bumatay wrote. “Under both federal law and the Constitution, the answer must be “yes.” Simply, the federal government has a sovereign interest in safeguarding federal elections and ensuring that the votes of noncitizens do not undermine our electoral results.”
In a separate Concurrence, Bennett Rebutted Bumatay’s Position, Arguing that the DOJ would likely Fail on the Substance of its Lawsuit. Bennett said the Trump Administration “has offered no workable plan of any kind as to how the remedy it seeks could be accomplished in practice without potential catastrophic consequences to California’s ongoing election.” California Gov. Gavin Newsom (D), and 2028 Presidential Contender, called the Ruling “a positive development and a welcome speed bump to Trump's disgusting attacks on the Constitution and our country's democracy.”
“Trump is illegally trying to seize powers in the Constitution entrusted to others so he can stay in power,” Newsom said in a Statement. “This lawsuit is just the latest step.” U.S. District Judge David Carter, a Clinton (D) Appointee, has Scheduled a Hearing on the Trump Administration’s request for 10/27/2026 Afternoon in Los Angeles, though it’s Unclear if that Hearing will Proceed.
The Trump Administration could ask that a Larger Group of 9th Circuit Judges Hear the Appeal. The Appeals Court set an Unusually Short Deadline of 7 p.m. Pacific Time Monday for such a Request. The DOJ could also File an Eemergency Appeal with the Supreme Court. A Justice Department Spokesperson did Not immediately Respond to a Request for Comment.

NYC Wins When Everyone Can Vote! Michael H. Drucker
