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Trump-appointed judge questions president’s bid to block 20,000 California ballots

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Cite

Boone, R. (2026, October 26). Trump-appointed judge questions president’s bid to block 20,000 California ballots. The Independent. https://www.independent.co.uk/news/world/americas/us-politics/california-trump-noncitizens-mail-ballots-b3073351.html

Dated from the outlet's own feed. Check the original for its byline.

The Independent · collected 2026-10-26 · by Rebecca Boone

Quick Summary

During a rare Sunday hearing before the 9th U.S. Circuit Court of Appeals, judges questioned the Trump administration’s lawsuit against California over 20,000 mail-in ballots from individuals suspected as noncitizens. The Justice Department requested an immediate halt to counting these ballots until voters' immigration statuses could be confirmed, arguing that California is violating its own laws and causing irreparable harm by allowing potential noncitizen voting. However, judges Mark Bennett (Trump appointee) and Gabriel Sanchez (Biden appointee) expressed doubt about the federal government's authority to intervene before a lower court decision and raised concerns over constitutional violations of state rights under the Tenth Amendment and Elections Clause.
Written by AI on 2026-10-26, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

On October 26, 2026, federal appellate judges questioned the Justice Department's demand for California to set aside 20,000 mail ballots from people suspected of not being U.S. citizens. The panel expressed doubt about the timing and constitutionality of this request during a rare weekend hearing. Despite initial setbacks, on November 2, Chief U.S. District Judge James Boasberg ordered the Trump administration to stop demanding California officials set aside these ballots, delivering another setback to the DOJ's election oversight efforts. However, in an unusual legal twist, the Ninth Circuit Court of Appeals briefly lifted and then restored a block on the investigation into noncitizen voting in California hours before polls opened on November 3, setting up further legal battles.

Written for “Appeals Court Rejects DOJ Bid” on 2026-11-04, grounded in this article and the 42 other(s) covering the same event.

Story

📰 Appeals Court Rejects DOJ Bid
Politics · 43 article(s) covering the same event. Compare every outlet's account →

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This article reads leans left and hedges 22% of its claims. Each row says how that neighbour differs.
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How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
23
sentences that state something as happening or true
Uncertain
22%
5 of 23 hedged ("reportedly", "may", "according to")
Leaning
Leans left
of the writing, not the subject · beta estimate
Publisher signals
59/100
The Independent's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
43
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-26 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

The Independent · 3647 article(s) · 10 correction(s) detected
Running correction rate · 10 correction(s)

Who wrote this

Rebecca Boone
17 article(s) here · 1 carrying a prediction
🔮 “The team wanted to determine how election workers would respond, what safeguards they would describe, and how far they would allow the vouching process to proceed,” the statement said.
🔮 DaRonch’s testimony would later be instrumental in putting Bundy behind bars.
🔮 The request is the administration's latest effort to raise doubts about election integrity and voting outcomes in key states that will help determine control of both the U.S. Senate and the House of Representatives.
🔮 Federal attorneys asked a district judge to halt counting those ballots until individual voters' immigration statuses could be confirmed.
🔮 A panel of federal appellate judges on Sunday questioned the timing, constitutionality and authority of the Justice Department’s demand that California election officials set aside thousands of mail ballots from people the federal government suspects may not be citizens.
🔮 Tennessee execution team members failed multiple times to establish working IV lines in Christa Pike’s arms before her attempted execution and warned that some of her veins may have ruptured, or “blown,” before she was injected with pentobarbital, her attorney wrote in a court document filed Thursday.
🔮 Issuing a preliminary injunction at ABC’s request would mean “allowing them to sidestep” the path that Congress has set up for regulatory action appeals, Georgiev-Remmel said.
🔮 Despite contingency plans, executions are still botched at times Idaho called off the execution of Thomas Eugene Creech in 2024 after execution team members could not place a viable IV after eight attempts.
🔮 I feel like I handled it as well as I could."
🔮 I feel like I handled it as well as I could.”
Also by Rebecca Boone
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 17 articles by Rebecca Boone →

Topics

California Independent U.S. Circuit Court of Appeals the 9th Circuit the Justice Department’s

Subjects

California GPE · 6× Bennett PERSON · 2× Donnelly PERSON · 2× Los Angeles County GPE · 2× Trump PERSON · 2× Waxman PERSON · 2× Donald Trump PERSON · 1× Independent ORG · 1× U.S. Circuit Court of Appeals ORG · 1× the Justice Department’s ORG · 1×

Narrative

Efforts to identify potential noncitizen voters have become a key focus for the Trump administration this year, despite noncitizen voting being exceptionally rare. Circuit Judge Mark Bennett, appointed by Trump, questioned whether the appellate court had jurisdiction to intervene before the lower court made its decision. Donnelly argued that the lower-court judge's schedule was overly slow and effectively denied the government’s request, noting that local election workers process thousands of mail ballots every day.
framing: mixed · carried by 1 article(s) · first seen 2026-10-26
🔮 Federal attorneys asked a district judge to halt counting those ballots until individual voters' immigration statuses could be confirmed.

Claims (23 extracted, 5 hedged)

Federal appeals judges on Sunday raised sharp questions about the timing, constitutionality, and legal authority behind the Justice Department’s request that California election officials isolate thousands of mail-in ballots from individuals federal authorities suspect are noncitizens. asserted
authorities → raise → individuals
During a rare weekend hearing before the 9th U.S. Circuit Court of Appeals, two of the three judges expressed skepticism toward the lawsuit filed in mid-October by President Donald Trump’s administration. asserted
two → express → administration
The suit claims California authorities failed to meet a 48-hour deadline to review 20,000 names of federal officials identified as potential noncitizens on the state’s voter rolls. uncertain
authorities → claim → rolls
Federal attorneys asked a district judge to halt counting those ballots until individual voters' immigration statuses could be confirmed. uncertain
statuses → ask → ballots
While the district judge scheduled a hearing for Oct. 27, shortly after receiving the case, the federal government appealed directly to the 9th Circuit seeking an expedited ruling. asserted
government → schedule → ruling
Justice Department attorney Matthew Donnelly told the panel that California is causing irreparable harm "by allowing noncitizens to vote in violation of their own state laws. asserted
noncitizens → tell → laws
Efforts to identify potential noncitizen voters have become a key focus for the Trump administration this year, despite noncitizen voting being exceptionally rare. Circuit Judge Mark Bennett, appointed by Trump, questioned whether the appellate court had jurisdiction to intervene before the lower court made its decision. Donnelly argued that the lower-court judge's schedule was overly slow and effectively denied the government’s request, noting that local election workers process thousands of mail ballots every day. asserted
workers → identify → ballots
Judge Gabriel Sanchez, appointed by former President Joe Biden, pressed the government on whether its demand violated the Tenth Amendment by effectively commandeering state officials to enforce a federal law that makes noncitizen voting a misdemeanor. asserted
voting → appoint → law
Donnelly replied that federal authorities were simply asking California to enforce its own statutes banning noncitizen voting, contending that the state’s refusal to set aside the ballots was "frustrating the purpose" of federal legislation. asserted
refusal → reply → legislation
Bennett emphasized that the Elections Clause of the U.S. Constitution grants state legislatures the power to establish the time, place, and manner of holding congressional elections. asserted
Clause → emphasize → elections
The executive branch may be "unhappy with what they’re doing, and doesn’t like the manner," Bennett said, but under the Constitution, the state retains the right to govern those procedures, including how it handles potential noncitizen voters. uncertain
it → do → voters
Attorney Seth Waxman, representing Los Angeles County Clerk Dean Logan, argued that the federal database was unreliable and that segregating the ballots would disenfranchise legitimate voters. asserted
segregating → represent → voters
If staff spent just three minutes cross-checking each of an anticipated 2.75 million mail ballots against the federal list, the process would take 140,000 labor hours—about 16 years of work, Waxman noted. asserted
Waxman → spend → work
Waxman pointed to a review of 200 records from the administration’s list conducted by Los Angeles County staff. asserted
Waxman → point → staff
In a court declaration, Assistant Registrar-Recorder Monica Flores stated that the sample included canceled or inactive registrations, individuals with no voting history, and voters born in the United States, which she noted "is strong evidence of citizenship." asserted
she → state → citizenship
Attorney Sam Siegel, representing California Secretary of State Shirley Weber, said that if the administration objects to how California conducts its elections, it should ask Congress to change the process. asserted
it → represent → process
Siegel added that the federal government had offered no credible evidence to support its claims. uncertain
government → add → claims
"It has no basis in law or in fact," he told the panel. asserted
he → have → panel
"We just dispute the premise that noncitizens are voting. asserted
noncitizens → dispute → premise
However, Judge Patrick Bumatay, another Trump appointee, noted that all parties share an interest in ensuring that only eligible citizens participate in elections. asserted
citizens → note → elections
He suggested that granting the emergency request could offer clarity. uncertain
granting → suggest → clarity
"Without an injunction, you will never know if illegal voting is occurring,” Bumatay told Siegel. asserted
Bumatay → know → Siegel
Bennett concluded that the appellate panel would try to issue its ruling as quickly as possible. asserted
panel → conclude → ruling
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