Appeals

For the second time in less than a week, a United States appeals court has rejected a petition from the administration of President Donald Trump to set aside 20,000 ballots in California over concerns about non-citizen voting.

The decision came down on Friday, with less than four days until the November 3 midterm elections.

The 9th Circuit Court of Appeals ruled that Trump’s request would violate the US Constitution and risk disenfranchising eligible voters.

“The consequence of the United States’s request is not merely ballot segregation, but ultimately both the cancellation of the ballot and the removal of voters from the voting rolls,” the majority wrote in its ruling.

Judges Mark Bennett and Gabriel Sanchez – appointed by Trump and his Democratic predecessor Joe Biden, respectively – formed the majority.

A third judge, Trump appointee Patrick Bumatay, issued a dissent, saying the administration’s petition was a “reasonable request”.

The Trump administration has claimed that nearly 20,000 “likely non-citizens” received mail-in ballots to vote in California’s midterm elections on November 3. It sued the state on October 15 to prevent those ballots from being counted.

But the accuracy of the Trump administration’s list has been called into doubt, as have its claims of widespread non-citizen voting.

Election fraud in the US is extremely rare. So is non-citizen voting, despite Trump’s assertion earlier this year that as many as 278,000 foreign nationals across the country were registered to vote.

Like California, states such as Nevada and Washington have also received lists of alleged non-citizen voters, but officials there have found the documents largely inaccurate.

In Nevada, for instance, state authorities issued a statement in September saying the Trump administration had erroneously identified citizens as non-citizens on its list. Not a single name was correct, according to the statement.

California, a Democratic stronghold, will elect 52 members of the House of Representatives, one of Congress’s two chambers, on November 3.

The state has long been Trump’s target for criticism, with the president accusing its Democratic leadership of “cheating” in elections.

But California officials, including Governor Gavin Newsom, have countered that the Trump administration is seeking to meddle in the state’s elections to sow voter distrust and undermine the results.

“This is a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters,” Newsom said in a news release after the October 15 lawsuit.

Non-citizen voting in federal elections is against the law in all 50 US states, including California.

The Constitution’s Elections Clause also grants states exclusive authority to administer elections, though it does allow for Congress to pass regulations concerning voting procedures.

The Trump administration initially sent California its list of 20,000 “likely non-citizens” on October 12, barely three weeks before the midterm election.

California officials refused the administration’s demand to set aside the 20,000 ballots, requesting proof that the names on the list were indeed foreign nationals. According to the California government, no such evidence has been provided.

The Trump administration last week charged 28 foreign nationals in California with election-related infractions, but some of the accused told the Los Angeles Times they had never registered to vote.

The newspaper’s reporting suggested some of the non-citizen defendants shared the same name as eligible voters.

As the October 15 lawsuit navigated the court system earlier this month, the Trump administration sought an emergency ruling from the 9th Circuit Court to suspend the 20,000 ballots.

But the appeals court rejected the petition on Monday, saying the Trump administration had not given lower courts adequate time to weigh the matter.

A lower court ultimately ruled against the Trump administration on Wednesday, and the administration again appealed to the 9th Circuit Court.

In its majority decision, the appeals court framed the Trump administration’s lawsuit as an attempt to violate the Constitution’s Elections Clause.

“We decline the United States’s invitation to contravene the Elections Clause by undermining the Constitution’s plain text,” the majority wrote.

The majority also wrote that it had “major concerns” that granting the Trump administration’s request would “harm the public interest by risking the disenfranchisement of eligible voters and putting the entire tabulation process in jeopardy”.

Judge questions the Trump administration’s efforts to exert greater influence over elections process ahead of upcoming midterm vote.

A United States appeals court has expressed doubt over the Department of Justice’s lawsuit against California, which seeks to force the state to throw out mail-in ballots it has deemed likely to go to non-citizens.

Circuit Judge Mark Bennett said on Sunday that the three-judge panel would issue a decision as soon as possible, following a rare weekend oral argument.

But Bennett, an appointee of Republican President Donald Trump, voiced concern that the lawsuit would not hold up to scrutiny.

He pointed to the Elections Clause in the US Constitution, which allows states — not the federal government — to administer elections.

“It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause,” Bennett told Justice Department lawyer Matthew Donnelly. “How can we do that?”

The case is part of a larger effort under the right-wing Trump administration to crack down on alleged non-citizen voting ahead of the crucial November 3 midterm elections.

On October 15, less than three weeks before the midterm races, the Justice Department issued a complaint targeting California, a left-wing stronghold.

It asked the federal court system to set aside thousands of mail-in ballots that the government says were sent to “likely non-citizens”.

The lawsuit indicates the Trump administration sent California officials a list of 20,000 names it believes are not eligible to vote, based on citizenship.

Trump has often pushed the discredited claim that the Democratic Party is benefiting from widespread voting by non-citizens.

California has long been one of the targets for his election misinformation.

Earlier this year, Trump denounced the state’s primaries after right-wing candidates like Los Angeles mayoral hopeful Spencer Pratt felt short of his expectations.

“There’s BIG cheating by the Dumocrats in California,” he wrote on social media at the time.

He then announced that the state would be under investigation from the US attorney’s office.

Trump’s efforts have caused alarm, with critics accusing him of seeking to dampen voter turnout through intimidation and confusion.

The midterms will decide which party controls the US Congress, as well as key state and local positions.

Polls, however, predict steep odds for Republican candidates, given Trump’s souring approval ratings and dissatisfaction with issues like the cost of living and the US-Israeli war against Iran.

Voting rights advocates have warned that the Trump administration has not publicly revealed how it has compiled its list of non-citizen voters, and whistleblower reports have cast doubt on the accuracy of such lists.

In response to the October 15 lawsuit, California has countered that it has strong safeguards to prevent non-citizens from voting.

It also said that the Justice Department’s claims are based on dubious data.

“This is a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day,” California Governor Gavin Newsom said in a statement earlier this month.

“We will continue to carry out free and fair elections in the Golden State — and call out this authoritarian as he tries every play in the dictator’s playbook.”

JACKSON, Miss. — Portions of a Mississippi ban on diversity, equity and inclusion practices in public schools can go into effect after the U.S. 5th Circuit Court of Appeals vacated a lower court’s ruling that blocked sections of the law from being enforced.

The parts of the law in question prevent public schools from requiring diversity training and maintaining DEI-related programs, courses and offices. It also bans public schools from discussing a list of “divisive concepts” related to race, sex, gender identity, sexual orientation, religion, ethnicity and national origin. Public schools that violate the law could lose state funding.

The ban passed in April 2025 and is being challenged by a group of educators, students, parents and activists who say the law violates their 1st and 14th Amendment rights.

The plaintiffs have several weeks to file a petition for rehearing with the 5th Circuit. The law would take effect seven days after the petition deadline passes or if a petition is denied, according to McKenna Raney, an attorney representing the plaintiffs.

The 5th Circuit also ordered that the case be reassigned to a different district court judge after U.S. District Judge Henry Wingate issued a “botch job” temporary restraining order that contained artificial intelligence hallucinations, according to the Thursday ruling. The TRO predates Wingate’s August 2025 preliminary injunction, which the 5th Circuit overturned.

Additionally, the ruling provides clarity on the scope of the law, which opponents have criticized as overly vague.

The law does not apply to scholarly activities, student activities and groups or creative engagements, according to the 5th Circuit. The court also said concerns raised by the plaintiffs that the law would ban discussions of civil rights, Dr. Martin Luther King Jr., the Ku Klux Klan, the 14th Amendment, Juneteenth and “Of Mice and Men” are incorrect.

“It is heartening to know that at the very least these specific iterations of classroom discussions that have been happening for years in Mississippi are exempted and they can continue unimpeded,” said Raney, an LGBTQ Justice Project staff attorney with the American Civil Liberties Union of Mississippi. However, Raney said the types of discussions allowed under the law are still “murky.”

Bates writes for the Associated Press.