9th Circuit judges doubt DOJ bid to make California set aside ballots
A three-judge 9th Circuit panel heard a rare Sunday argument on the Justice Department's suit to force California to set aside mail-in ballots it says went to likely non-citizens. Judge Mark Bennett, a Trump appointee, voiced doubts.
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The story, neutrally told
Left · 2A three-judge panel of the 9th U.S. Circuit Court of Appeals heard a rare weekend oral argument on Sunday, 25 October, in the Justice Department's lawsuit against California over ballots it says went to likely non-citizens. Al JazeeraLC “following a rare weekend oral argument” Read at Al Jazeera ↗ Raw StoryL “during a two-hour hearing before the 9th Circuit Court of Appeals” Read at Raw Story ↗ Left · 1The Justice Department filed the complaint on 15 October, less than three weeks before the 3 November midterm elections, asking the court to set aside thousands of mail-in ballots that the government says were sent to "likely non-citizens". Al JazeeraLC “On October 15, less than three weeks before the midterm races, the Justice Department issued a complaint targeting California”“set aside thousands of mail-in ballots that the government says were sent to “likely non-citizens”” Read at Al Jazeera ↗ Left · 1According to the lawsuit, the administration sent California officials a list of 20,000 names it believes are ineligible to vote on citizenship grounds. Al JazeeraLC “sent California officials a list of 20,000 names it believes are not eligible to vote” Read at Al Jazeera ↗
Left · 1Justice Department lawyers argued that the court should rule immediately because early voting has already begun. Raw StoryL “The administration's lawyer argued that the court should immediately rule on the challenge, as early voting has already begun.” Read at Raw Story ↗ Left · 2Judge Mark Bennett, appointed by Trump, told DOJ lawyer Matthew Donnelly that the request for an injunction seemed "entirely inconsistent with the law the California Legislature has adopted", and asked: "How can we do that?" Al JazeeraLC ““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.” Read at Al Jazeera ↗ Raw StoryL ““How can we do that?”” Read at Raw Story ↗ Left · 1Bennett said Congress and the California Legislature had already barred non-citizens from voting, and described the suit as objecting to how California sorts citizens from non-citizens; he said he did not see federal law dictating that sorting. Raw StoryL ““Congress and the California Legislature have said noncitizens can’t vote. This lawsuit is about, ‘We don’t like the way you’re sorting citizens from noncitizens,’”” Read at Raw Story ↗
Left · 1Raw Story, citing Politico, reported that two of the three judges were Trump appointees and that the panel appeared to see "serious flaws" in the case and questioned whether the administration had standing. Raw StoryL “two of whom were appointed by Trump, seemed to find "serious flaws" in the DOJ's case altogether, and called into question whether the administration had standing” Read at Raw Story ↗ Left · 1Bennett said the panel would issue a decision as soon as possible. Al JazeeraLC “the three-judge panel would issue a decision as soon as possible” Read at Al Jazeera ↗ Left · 1California has said it has strong safeguards against non-citizen voting and that the DOJ's claims rest on dubious data; Governor Gavin Newsom called the suit a "sad, desperate attempt" to suppress voters. Al JazeeraLC “California has countered that it has strong safeguards to prevent non-citizens from voting.”““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,”” Read at Al Jazeera ↗
Left · 1Voting rights advocates say the administration has not publicly explained how it compiled its list, and Al Jazeera reports that whistleblower reports have cast doubt on such lists' accuracy. Al JazeeraLC “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” Read at Al Jazeera ↗ Left · 1Raw Story also noted that the administration has filed a separate challenge over the undecided Alaska election, seeking to stall certification if Republican Dan Sullivan loses. Raw StoryL “the administration has also filed a legal challenge to the still-to-be-decided Alaska election, seeking to stall the certification if Republican Dan Sullivan loses” Read at Raw Story ↗
Every sentence links to the reporting it rests on. The pill in front of each says where its sources sit: Left, Centre or Right when one side supplies at least half of them, Mixed when they are evenly split. The number is how many outlets it cites.
Left3 outlets
- Framing
- Both outlets lead with the judges' scepticism, stressing that a Trump-appointed judge questioned the DOJ case, and place it within a broader Trump effort to influence the midterms.
- Emphasis
- Bennett's quotes, Trump's record of unproven non-citizen voting claims, critics' fears of voter intimidation, Newsom's rebuke.
- Leaves out or plays down
- Neither carries a DOJ statement explaining the legal basis or evidence for its list; no other judges are quoted.
- Charged language
- “meddle in the upcoming midterms”“scolded”“discredited claim”“election misinformation”“authoritarian”
- For example
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“The Trump administration has made it clear that it intends to meddle in the upcoming midterms.” — Raw Story
“Trump has often pushed the discredited claim that the Democratic Party is benefiting from widespread voting by non-citizens.” — Al Jazeera
Centre0 outlets
No centre outlet in our sources has covered this story yet.
Right1 outlet
No right outlet in our sources has covered this story yet.
What every side reports
- The 9th Circuit heard argument on Sunday 25 October in the DOJ's California case.
- Judge Mark Bennett, a Trump appointee, asked 'How can we do that?' about the requested injunction.
- The panel appeared sceptical of the DOJ's case.
Department of Justice organisation
Argues California must set aside ballots it believes went to non-citizens and that the court should rule at once because early voting has begun.
“California must set aside ballots the Justice Department believes were cast by noncitizen voters” — Raw Story
9th U.S. Circuit Court of Appeals organisation
The panel was sceptical, with Judge Bennett questioning the injunction and promising a quick decision.
“voiced concern that the lawsuit would not hold up to scrutiny” — Al Jazeera
California place
California says it has strong safeguards and the DOJ's data is dubious; Newsom calls the suit voter suppression.
“the Justice Department’s claims are based on dubious data” — Al Jazeera
Left3 articles
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Trump DOJ lawyers scolded by skeptical judges in ballot case: 'How can we do that?'
Critical Presents the hearing as a rebuke of DOJ lawyers and the administration as bent on meddling in the midterms.
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US appeals court sceptical of Trump’s lawsuit over California voter rolls
Critical Reports judicial doubt and sets it against Trump's history of unproven non-citizen voting claims and Newsom's criticism.
Centre0 articles
No coverage yet.
- 25 Oct 17:05 First ABC NewsLC Appeals court to hear arguments in Trump admin's voting suit against California
- 25 Oct 23:26 +6h 21m Raw StoryL Trump DOJ lawyers scolded by skeptical judges in ballot case: 'How can we do that?'
- 26 Oct 04:32 +11h 27m Al JazeeraLC US appeals court sceptical of Trump’s lawsuit over California voter rolls
- 26 Oct 06:48 +13h 43m The Jerusalem PostRC Appeals court skeptical over Trump administration lawsuit against California mail-in ballots
Times are when each article was published, or when we first saw it if the outlet gave no time.
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