Appeals court dismisses DOJ's request to force California to set aside ballots

TL;DR

The 9th Circuit Court of Appeals dismissed the Justice Department's request to force California to set aside ballots potentially cast by noncitizens.
The court cited the DOJ's delay in filing the lawsuit, waiting until less than three weeks before the midterm elections, as a self-created emergency.
Judges faulted the Justice Department for seeking a temporary restraining order when California was already processing ballots.
Governor Gavin Newsom called the decision a positive development and a "welcome speed bump" to "Trump's disgusting attacks on the Constitution."
The Justice Department had sought to have ballots from over 20,000 registered voters identified as "likely" noncitizens set aside and their citizenship verified.
Los Angeles County officials reviewed a sample of the DOJ's list and found many records corresponded to inactive registrations or individuals who had never voted.
A dissenting judge argued the federal government has a sovereign interest in safeguarding federal elections from noncitizen votes.
The DOJ could ask the full 9th Circuit to reconsider its appeal.

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