A Federal Appeals court ruled 2-1 to deny the Department of Justice’s request to remove 20,000 non-citizen ballots from California’s voter rolls. The court passed on a technicality, claiming it had no power to act until a lower court had ruled. They also claimed, “The United States’s claimed emergency, at least in part, is a self-constructed one.”
Appeals court rejects White House push to set aside 20,000 California mail ballots
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EXCERPT:
A federal appeals court has rejected the Justice Department’s emergency bid to set aside thousands of mail-in ballots in California. In a 2-1 ruling Monday, the judges said the appeals court lacked the authority to intervene before a lower court had ruled.
The lower district court has a hearing scheduled for Tuesday afternoon.
The DOJ wanted a faster decision, arguing that California should set aside ballots associated with roughly 20,000 registered voters it suspects are not U.S. citizens. But the two judges in the majority said the government was partly responsible for its own urgency.
“The United States’s claimed emergency, at least in part, is a self-constructed one,” the judges wrote, pointing to the department’s delay in filing the lawsuit and seeking emergency relief.
California officials have disputed the government’s list, saying it includes people who appear to be U.S. citizens.