From Law & Crime · · 1m 50s
9th Circuit dismisses Trump admin request to remove names from California voter rolls
9th Circuit blocks Trump administration's attempt to remove noncitizen names from California voter rolls.
In brief
9th Circuit blocks Trump administration's attempt to remove noncitizen names from California voter rolls. 9th Circuit court dismissed Trump administration's emergency request to remove names of 'likely noncitizens' from California voter rolls, citing the government's own delay in filing suit and lack of jurisdiction…
Trump administration request
The Trump administration sought to remove names of 'likely noncitizens' from California voter rolls ahead of Election Day.
“the united states failed to allow the district court adequate opportunity to consider its application for a temporary restraining order”
California's response
California officials declined the federal push to have noncitizen names removed from voting rolls and sued the DOJ two days later.
“the united states went straight to the merits and barely addressed our jurisdiction”
Emergency motion timeline
The DOJ asked a bill clinton appointee to rule on an emergency request by noon on october 22 but the judge ignored the timeline.
“the united states failed to allow the district court adequate opportunity to consider its application for a temporary restraining order”
9th Circuit ruling
The 9th Circuit dismissed the Trump administration's appeal, stating the government's emergency motion lacked jurisdiction.
“for that reason we lack jurisdiction over this appeal so we grant the county's motion to dismiss this appeal”
Jurisdiction dispute
The DOJ claimed the district court's inaction for 14 hours and 28 minutes gave it jurisdiction but the court said the delay was the government's own fault.
“the united states's claimed emergency at least in part is a self-constructed one”
Government's delay
The government waited 15 hours from filing to next filing while the district court had only three business hours to rule.
“the delay here is attributable to the united states's own delay in filing suit”
DHS contact timeline
DHS contacted California officials in July about noncitizen voter rolls but received no detailed response.
“los angeles got radio silence in response”
Court's reasoning
The court said the government's emergency claim was self-constructed and the delay was due to the government's own actions.
“the delay here is attributable to the united states's own delay in filing suit”
Key legal issue
The 9th Circuit ruled the government's emergency motion lacked jurisdiction because it failed to allow the district court adequate time to consider the request.
“the united states failed to allow the district court adequate opportunity to consider its application for a temporary restraining order”
What happens next
The Trump administration will likely appeal the 9th Circuit's dismissal of its emergency motion.
“the united states will appeal the ninth circuit's dismissal of its emergency motion”
The main idea
9th Circuit court dismissed Trump administration's emergency request to remove names of 'likely noncitizens' from California voter rolls, citing the government's own delay in filing suit and lack of jurisdiction.
