The Trump administration has filed an emergency appeal with the 9th Circuit Court of Appeals, seeking to temporarily block California from counting the ballots of up to 20,000 individuals the Justice Department alleges are likely noncitizens. The filing comes hours after U.S. District Judge David O. Carter rejected a federal request to segregate these votes, calling the move a violation of the National Voting Rights Act. With early voting underway and over 500,000 ballots already processed in Los Angeles County alone, the Justice Department argues that immediate appellate review is necessary to prevent irreversible ballot processing.

What the Left Is Saying

Judge Carter, a Clinton appointee, stated that the Justice Department’s demand to segregate ballots violates the National Voting Rights Act, which prohibits changes to voter rolls or election procedures within 90 days of an election.

County election officials disputed the federal claim that delaying tabulation would not disenfranchise voters, arguing that once a vote is processed, it cannot be traced back to the individual due to privacy protections.

Legal experts aligned with this view emphasize that the burden of proof lies with the federal government to demonstrate specific fraud, not general suspicion, especially when criminal prosecutions for illegal voting are already proceeding separately.

Carter noted that the federal list of alleged noncitizen voters is unreliable, as both parties agree it includes U.S. citizens inadvertently flagged as ineligible.

What the Right Is Saying

President Donald Trump blasted the decision, stating that California is very corrupt and the elections are extremely corrupt.

The Justice Department has argued that it is in the government's interest to prevent fraudulent voting before it happens.

Federal prosecutors have said voters won't be disenfranchised by delaying the tabulation of their ballots while their citizenship is checked.

One judge dissented in the previous 9th Circuit panel, arguing that federal law bars noncitizens from voting and compels California to vet the potentially illegal ballots before they are counted.

What the Numbers Show

The Justice Department alleges that up to 20,000 individuals are likely noncitizens who cast disputed ballots.

Over 500,000 votes have already been processed in Los Angeles County alone, according to court filings.

Federal authorities have charged over two dozen foreign nationals in California as part of a statewide sweep targeting people officials say have illegally registered or voted in U.S. elections.

The Bottom Line

This appeal marks the second time the 9th Circuit Court of Appeals will consider the case, following a recent panel ruling that it was premature for an appeals court to get involved before a lower-court ruling.

Although the previous panel declined to intervene, two of the three judges wrote separate concurrences making it clear they wouldn’t support setting aside ballots at this late date, questioning the accuracy of the federal government’s list.

Judge Carter still has to rule on the federal government’s renewed request for a preliminary injunction, which would bar the state from counting the ballots until the litigation is resolved.