The US Justice Department has appealed to the 9th Circuit Court of Appeals after a Los Angeles federal judge refused to sequester 20,000 California ballots. The Trump administration claims these votes were cast by noncitizens, while the court warned that such intervention would damage democratic trust.
Judge David O. Carter's refusal to sequester 20,000 ballots
US District Judge David O. carter, presiding in downtown Los Angeles, rejected an emergency request from the Trump administration to isolate more than 20,000 disputed ballots. According to the report, Judge Carter argued that the act of segregating votes causes "irreparable" harm to the public's trust in the democratic process. he explicitly declined to let the court become a party to a process that could disrupt the counting of votes.
The ruling represents the second time this week that the Trump administration was denied a temporary restraining order against Los Angeles County and the state of California. Judge Carter, a Clinton appointee, stated that the federal government's attempt to coerce local officials to abandon their constitutional procedures was unprecedented in American history.
The 2-1 divide in the 9th Circuit's previous ruling
The legal conflict has already exposed a sharp ideological split within the federal appellate system. as the source reports, a three-judge panel of the 9th Circuit previously rejected a similar emergency appeal in a 2-1 decision. Judges Mark Bennett and Gabriel Sanchez voted against the administration , while Judge Patrick Bumatay issued a dissenting opinion.
Judge Patrick Bumatay warned that if these questionable ballots are processed and mixed into the general count, it will become impossible to identify and remove them later. Bumatay accused California of "burying its head in the sand" regarding the possibility of noncitizens voting in federal elections, arguing that the federal government must intervene to prevent the induction of illegal voting.
The case of Alexander Muñoz and the 48-hour review deadline
To support its claims, the Justice Department highlighted the case of Alexander Muñoz, a 72-year-old Belizean national. Prosecutors allege that Muñoz falsely claimed US citizenship in September 2019 and subsequently voted in the 2020 election , twice in 2022, and again in 2024. This specific instance is being used by the Trump administration to illustrate the risk of noncitizen participation in federal contests.
Beyond individual cases, the Justice Department's lawsuit focuses on a list of nearly 20,000 names flagged as suspicious. The administration claims that California state officials failed to review these flgged individuals within a required 48-hour deadline, thereby allowing potentially illegal ballots to enter the system.
The clash between federal executive power and California's election autonomy
This dispute is part of a broader, escalating trend where the federal executive branch attempts to exert control over state-managed election protocols. Judge David O. Carter noted that the request violates longstanding constitutional principles that grant states primary control over their own elections. He warned that granting such a request would allow any political party to create chaos for their own benefit on the eve of an election.
The tension reflects a deeper struggle over the definition of election integrity. While the Justice Department, represented by First Assistant US Attorney Bill Essayli , views the situation as an "ongoing emergency" that dilutes the votes of legal citizens, the court views the intervention itself as a threat to the stability of the electoral system.
Whether the 9th Circuit will grant the Solicitor General's emergency order
The immediate question remains whether the 9th US Circuit Court of Appeals will grant the emergency relief sought by the Solicitor General. Because the election is only days away, the window for a legal remedy is closing rapidly. If the court denies the appeal,the 20,000 flagged ballots will likely be processed and counted alongside all others.
It remains unclear if the Justice Department has evidence beyond the Muñoz case to prove a systemic failure in California's verification process. Additionally, the report notes that First Assistant US Attorney Bill Essayli did not immediately respond to requests for comment following Judge Carter's ruling,leaving the administration's specific legal strategy for the 9th Circuit partially obscured.
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