Breaking down the legal battle over California's election process

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.