The Aporia
Blackman, J. (2026, November 3). Full Court Denies DOJ Petition In California Election Case In About 7 Hours, No Reply Needed. Reason. https://reason.com/volokh/2026/11/02/full-court-denies-doj-petition-in-california-election-case-in-about-7-hours-no-reply-needed/
Blackman, Josh. “Full Court Denies DOJ Petition In California Election Case In About 7 Hours, No Reply Needed.” Reason, 3 Nov. 2026, https://reason.com/volokh/2026/11/02/full-court-denies-doj-petition-in-california-election-case-in-about-7-hours-no-reply-needed/.
Blackman, Josh. “Full Court Denies DOJ Petition In California Election Case In About 7 Hours, No Reply Needed.” Reason, November 3, 2026. https://reason.com/volokh/2026/11/02/full-court-denies-doj-petition-in-california-election-case-in-about-7-hours-no-reply-needed/.
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As of November 3, 2026, the Supreme Court rejected the Trump administration's emergency bid to force California election officials to set aside approximately 20,000 ballots linked to suspected noncitizens, delivering a major setback to the Justice Department one day before the midterm elections. The DOJ had asked lower courts and then the Supreme Court to segregate these ballots, claiming they could be from ineligible voters. However, California's officials rejected this demand, arguing that the DOJ did not provide sufficient evidence or methodology supporting its assertions about voter eligibility. The Court ruled against the administration within 7 hours of receiving the petition, signaling a swift and decisive action against the Justice Department’s efforts to intervene in election procedures. This decision underscores concerns over politicized enforcement of voting regulations ahead of crucial midterm elections.
Indeed, this ruling was likely orchestrated by Circuit Justice Kagan before the petition was even filed.
Kagan spared California the fate that befell Missouri, which had to file a pointless brief that no one would read.