From Law & Crime · · 1m 40s
Trump DOJ seeks SCOTUS to force California to segregate mail ballots
Trump DOJ urges Supreme Court to segregate 20,000 California mail ballots as election nears.
In brief
Trump DOJ urges Supreme Court to segregate 20,000 California mail ballots as election nears. Trump administration claims likely noncitizen voter claims justify interim injunction to segregate California mail ballots ahead of midterms. Originally reported by Law & Crime.
Trump administration asks SCOTUS
Trump administration requests Supreme Court to order California to segregate 20,000 mail-in ballots based on likely noncitizen claims.
“An interim injunction is necessary 'to preserve the relative positions of the parties until a trial on the merits can be held'”
Two 9th Circuit losses
Trump-appointed U.S. Circuit Judge Patrick Bumatay dissented twice after 9th Circuit rejected administration's power to intervene in California's election administration.
“The 9th Circuit, in back-to-back 2-1 decisions, rejected the administration's claimed power to 'take charge of or intervene in a state's administration of an ongoing election'”
Bumatay's limited injunction
Bumatay suggested a 'limited' injunction to segregate ballots would allow time to verify suspected noncitizen voter eligibility.
“a 'limited' injunction to segregate the ballots would be appropriate to 'allow time to verify the eligibility of suspected noncitizens'”
DOJ application
DOJ seeks Supreme Court to issue injunction requiring California to segregate mail ballots from identified likely noncitizens.
“This Court should issue an injunction, pending the United States' appeal to the Ninth Circuit and any subsequent proceedings in this Court, that requires California to segregate mail ballots from persons whom the United States has identified as likely noncitizens”
California and US disagreement
California and the United States disagree about likely unlawfulness of mail ballots at issue in election.
“These dueling allegations can and should be investigated”
District court refusal
U.S. District Judge David O. Carter refused to issue restraining order and appointed special master to review evidence.
“At the district court level, U.S. District Judge David O. Carter, a Bill Clinton appointee, refused to issue the restraining order the government asked for and instead said he would appoint a special master to review the evidence”
NAACP motion
NAACP asks federal judge in Washington, D.C. to restrain Trump DOJ from intimidating voters and election workers.
“The NAACP has asked a federal judge in Washington, D.C., to swiftly restrain the administration from intimidating voters and election workers at the polls”
Bumatay's dissent
Bumatay's dissent emphasizes need for limited injunction to verify noncitizen voter eligibility.
“Bumatay each time said a 'limited' injunction to segregate the ballots would be appropriate to 'allow time to verify the eligibility of suspected noncitizens'”
Election context
This request comes as midterm elections approach and administration faces back-to-back legal setbacks.
“On the eve of the midterm elections, the Trump administration has asked the U.S. Supreme Court to order California to 'segregate' 20,000 mail-in ballots”
DOJ's position
DOJ claims likely noncitizen voter claims are sufficient for Supreme Court to issue interim injunction.
“The government said that 'likely noncitizen' voter claims should be enough for the Supreme Court to issue that injunction”
Next steps
Supreme Court must decide whether to issue injunction before California's election results are finalized.
“The Court should also enter an administrative injunction to that effect while it considers this application”
What it means
Trump administration claims likely noncitizen voter claims justify interim injunction to segregate California mail ballots ahead of midterms.
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