Supreme Court Rejects Trump Bid to Set Aside California Ballots
The Supreme Court on November 2 declined to intervene in the Trump administration’s effort to have California set aside ballots from roughly 20,000 registered voters the government suspects may not be U.S. citizens. The brief order leaves in place lower-court decisions against the request, which came on the eve of the midterm elections that will determine control of Congress.
Earlier that day, federal trial court judge James Boasberg, based in Washington, ruled that the Justice Department could not demand California officials separate ballots or depart from state procedures because voters appeared on the federal lists. He said the administration had likely crossed a constitutional line: election rules are set by states and Congress, not the executive branch. He also found the lists flawed and potentially harmful to eligible voters.
California officials have said the list contains errors and that isolating the ballots so close to the election would be impractical. More than 6 million ballots had already been returned in a state that mails ballots to about 23 million registered voters. At a separate court hearing, a Justice Department lawyer agreed that the list had a high error rate, saying officials sought state help to verify voters.
The administration argued that challenged ballots should be held aside until citizenship could be checked, so they could not affect valid votes. California Attorney General Rob Bonta said the courts’ decisions should end the effort to disrupt the state’s election. The Supreme Court gave no explanation for its denial and issued no public dissent.
Courts Block Trump’s Last-Minute Push Against California Voters
The courts have rejected the Trump administration’s attempt to intervene in California’s ballot count, refusing to let the federal government put thousands of votes in limbo just before the midterms. On November 2, the Supreme Court denied the administration’s emergency request concerning roughly 20,000 voters, leaving lower-court rulings against the effort in place.
Chief U.S. District Judge James Boasberg separately barred the Justice Department from demanding that California election officials isolate ballots because voters appeared on federal lists. He found the administration had likely violated the constitutional division of election authority, which leaves election rules to states and Congress. Boasberg also said the lists were flawed and risked preventing lawful votes from being counted.
The stakes were immediate: more than 6 million ballots had already been returned in California, where ballots are mailed to roughly 23 million registered voters. A Justice Department lawyer acknowledged in a separate hearing that the list had a high error rate. State officials said separating ballots at this late stage would be impractical.
The administration said setting ballots aside would preserve the ability to verify voters before counting them. But courts rejected that demand amid concerns that faulty lists and rushed intervention could disenfranchise eligible voters. The Supreme Court issued a brief denial without explaining its reasoning; no justice publicly dissented.
Supreme Court Leaves California Ballots Unchecked After DOJ Challenge
The Supreme Court has blocked the Trump administration from pursuing a narrow safeguard for California’s midterm vote: setting aside roughly 20,000 ballots until the voters’ citizenship could be checked. Its November 2 order leaves lower-court rulings in force, despite the administration’s argument that ballots cast by noncitizens could dilute valid votes.
Chief U.S. District Judge James Boasberg also barred the Justice Department from demanding that California officials separate ballots based on federal lists. He said election procedures belong to states and Congress, not the executive branch, and found the administration likely exceeded its authority. The Supreme Court gave no explanation for its decision, and no justice publicly dissented.
The Justice Department sought verification before counting the disputed ballots. Its lawyer acknowledged in a separate hearing that the list had a high error rate, while saying the department wanted local officials’ help checking it. Federal prosecutor Bill Essayli said he was highly confident those named were not entitled to vote, while conceding the list might contain mistakes.
More than 6 million California ballots had already been returned, out of roughly 23 million registered voters who receive ballots by mail. State officials argued that separating the ballots now would be logistically impossible. The administration’s request was rejected by multiple courts as voting neared its final day.
Reported by The Philadelphia Inquirer, Raw Story, The Washington Examiner, The Blaze, Twitchy, FOX 11 Los Angeles, BBC US & Canada, CBS Los Angeles, KTVU FOX 2, CBS News, The New Republic, Townhall.
