A majority of the active judges voted to rehear the dispute en banc, undoing a divided three-judge panel's decision issued hours earlier. The move restored restrictions imposed by U.S. District Judge Trina Thompson while the appeals court reconsiders the case.
9th Circuit vacates panel ruling allowing Trump administration ballot segregation demands
En banc review granted on eve of midterm elections, restoring lower court restrictions on ballot segregation demands
The 9th U.S. Circuit Court of Appeals vacated a ruling late Monday that briefly allowed the Trump administration to resume demands that election officials segregate ballots from suspected noncitizens under warnings of criminal prosecution, setting up another legal battle as voters headed to the polls on Tuesday.
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Analysis
Why This Matters
- The timing of the decision on election eve creates immediate uncertainty for election officials and voters in California.
- The full 9th Circuit's willingness to review the case en banc signals the high legal stakes regarding executive power and state election administration.
- The outcome of this case could set a precedent for how states handle federal demands over suspected noncitizen voting.
Background
The Trump administration has pursued policies aimed at preventing noncitizens from voting through federal court demands. A district judge in California had previously blocked these demands. A 9th Circuit panel briefly sided with the administration before the full court stepped in to vacate that ruling.
Key Perspectives
Trump administration: Argued that California election officials must segregate ballots from suspected noncitizens under threat of criminal prosecution. 9th U.S. Circuit Court of Appeals (en banc): Voted to vacate the panel ruling and restore the lower court's restrictions while the full court reviews the legal issues.
What to Watch
- The schedule for the full 9th Circuit en banc hearing on the dispute.
- Whether the Trump administration seeks emergency relief from the Supreme Court.
- How California election officials proceed with ballot processing under the restored restrictions.
Sources
- Appeals court wipes out Trump DOJ’s brief victory in California · Washington Examiner
Checked
9 claims in this story checked against 1 source: 9 supported.
Show each claim
- SupportedThe 9th Circuit vacated a panel ruling that briefly allowed the Trump administration to resume ballot-segregation demands.Washington Examiner: “The 9th U.S. Circuit Court of Appeals vacated a ruling late Monday that briefly allowed the Trump administration to resume demands that election officials segregate ballots from suspected noncitizens”
- SupportedThe court granted en banc review on the eve of the midterm elections.Washington Examiner: “A majority of the active judges voted to rehear the dispute in front of a larger body of judges, otherwise known as en banc”
- SupportedThe en banc move restored lower-court restrictions on ballot-segregation demands.Washington Examiner: “The move restored restrictions imposed by U.S. District Judge Trina Thompson while the appeals court reconsiders the case.”
- SupportedThe ruling was vacated late Monday, shortly before voters headed to the polls on Tuesday.Washington Examiner: “The 9th U.S. Circuit Court of Appeals vacated a ruling late Monday ... as voters headed to the polls on Tuesday.”
- SupportedThe demands were for election officials to segregate ballots from suspected noncitizens, under warnings of criminal prosecution.Washington Examiner: “demands that election officials segregate ballots from suspected noncitizens under warnings of criminal prosecution”
- SupportedThe court's decision set up another legal battle as voters headed to the polls.Washington Examiner: “setting up another legal battle as voters headed to the polls on Tuesday.”
- SupportedA majority of active judges voted to rehear the dispute en banc.Washington Examiner: “A majority of the active judges voted to rehear the dispute in front of a larger body of judges, otherwise known as en banc”
- SupportedThe en banc vote undid a divided three-judge panel decision issued hours earlier.Washington Examiner: “undoing a divided three-judge panel’s decision issued hours earlier.”
- SupportedThe restored restrictions were imposed by U.S. District Judge Trina Thompson while the appeals court reconsiders the case.Washington Examiner: “The move restored restrictions imposed by U.S. District Judge Trina Thompson while the appeals court reconsiders the case.”