California election workers processing ballots at counting facility.Court Rejects Trump Bid to Set Aside 20,000 CA Ballots
Left says
- •The DOJ's list of suspected noncitizens was found not credible by both the district court and appeals court majority, undermining the basis for the entire legal action.
- •Segregating or discarding ballots this close to an election risks disenfranchising eligible citizens who were wrongly flagged, with no reliable way to identify only ineligible voters.
- •This effort fits a broader pattern of the administration attempting to assert federal control over state-run elections and intimidate election workers, as shown by the separate ruling barring DOJ intimidation of poll workers.
- •Trump's unsubstantiated claims that he would have won California 'by a lot' under an 'honest vote count' reflect a pattern of baseless fraud allegations that erode public trust in elections without evidence.
Right says
- •Federal law clearly prohibits noncitizens from voting, and the DOJ views enforcing that law as a basic governmental duty rather than a political agenda.
- •The dissenting judge argued the requested remedy was modest—merely segregating disputed ballots to allow time for verification—not canceling any votes outright.
- •Allowing a state to mix ballots from citizens and suspected noncitizens without verification dilutes the voting power of legitimate citizens and raises real concerns about election integrity.
- •The legal fight isn't over, since the administration can still seek full Ninth Circuit review or appeal to the Supreme Court.
Common Take
High Consensus- The Ninth Circuit ruled 2-1 against the DOJ, with the majority opinion written by one Trump appointee and one Biden appointee.
- The DOJ identified roughly 20,000 California voters it believes may be noncitizens.
- The district court found the DOJ's methodology for identifying suspected noncitizens was not credible.
- Millions of Californians had already voted before the ruling, and processed ballots cannot be traced back to individual voters.
The Arguments
Left argues
Both the district court and the appeals court majority found the DOJ's list of suspected noncitizens 'not credible,' meaning the entire legal action rested on an unreliable factual foundation.
Right counters
Even if the current list has flaws, that goes to the quality of DOJ's evidence-gathering, not to the underlying legal principle that noncitizen voting is illegal and federal authorities have standing to investigate and seek verification.
Right argues
Judge Bumatay's dissent framed the DOJ's request as a modest, temporary measure—segregating disputed ballots pending verification—not disenfranchisement, since no legitimate vote would be permanently canceled.
Left counters
The district and appellate majority found there was no feasible way to segregate ballots this close to the election without risking catastrophic disruption to the entire count, meaning the 'modest' remedy in practice could jeopardize far more votes than intended.
Right argues
Federal law unambiguously bars noncitizens from voting, and the DOJ frames enforcement as a basic governmental duty rather than a partisan maneuver, especially with a Trump and Biden appointee splitting on the legal question.
Left counters
Enforcing the law doesn't require trampling procedural safeguards or acting on an uncorroborated list just days before an election; courts across the ideological spectrum found the DOJ's methodology itself was the problem, not the principle it invoked.
Left argues
This lawsuit fits a broader pattern of the administration attempting to exert federal control over state-run elections, reinforced by a separate same-day ruling barring DOJ from intimidating election workers processing these very ballots.
Right counters
Scrutinizing a state's list of flagged voters and seeking to verify eligibility is a far cry from intimidation; conflating a legal challenge in federal court with a separate dispute over poll worker conduct overstates the pattern.
Left argues
Trump's claim that he would have won California 'by a lot' under an 'honest vote count'—offered without evidence—exemplifies a broader pattern of baseless fraud rhetoric that erodes public confidence in elections.
Right counters
Separating political rhetoric from the DOJ's legal filings is important; the agency's stated justification was statutory enforcement of citizenship requirements, not Trump's public comments, and the courts evaluated the case on its legal merits, not his statements.
Challenge Questions
These questions target genuine internal contradictions — meant to provoke honest reflection.
Right asks Left
“If courts can simultaneously say the DOJ's list is unreliable AND that there's 'no feasible way' to verify disputed ballots this close to the election, doesn't that suggest the system itself may be vulnerable to undetected noncitizen voting rather than proving none exists?”
Left asks Right
“If the proposed remedy of segregating 20,000 ballots is truly 'modest' and reversible, why did the administration pursue it through emergency court action days before the election rather than pushing for earlier, more orderly verification procedures that wouldn't risk disrupting the vote count?”
Outlier Report
Left Fringe
Figures like Gavin Newsom and some progressive commentators (e.g., MSNBC hosts) frame this as part of an authoritarian assault on democracy itself, going beyond the court's narrower procedural findings; this represents roughly 15-20% of the left.
Right Fringe
Commentators like Stephen Miller-aligned voices and some Blaze/Breitbart contributors suggest the courts themselves are complicit in enabling fraud, a more conspiratorial framing than the dissenting judge's measured legal argument; this represents roughly 15-20% of the right.
Noise Assessment
Significant noise, as cable news and social media amplify maximalist framings (stolen election vs. authoritarian takeover) that outpace the more measured procedural reality reflected in the actual court rulings.
Sources (5)
<p>A federal appeals court rejected the Justice Department's emergency bid to set aside mail ballots tied to more than <a href="https://www.axios.com/2026/10/15/trump-doj-california-voters-ballots-lawsuit" target="_blank">20,000 California voters</a> the <a href="https://www.axios.com/politics-policy/donald-trump" target="_blank">Trump</a> administration suspects are noncitizens.</p><p><strong>Why it matters:</strong> The 2–1 ruling leaves California's election procedures intact just days before the midterms, with the judges citing doubts about the DOJ's voter list and the risk of disenfranchising eligible voters.</p><hr /><ul><li>The ruling is a major setback for a DOJ that has <a href="https://www.axios.com/2026/10/29/midterms-election-lawsuits-ballot-disputes" target="_blank">doubled down</a> on unsubstantiated claims of widespread voter fraud in the Golden State.</li></ul><p><strong>What they're saying: </strong>The majority cited the lower court's finding that the DOJ's process for identifying suspected noncitizens was "not credible," undermining its claims.</p><ul><li>"Granting [the United States]'s request would provoke catastrophic change, upending the administration of the election," it wrote, quoting the district court's finding.</li><li>"There is a material risk that granting the United States its requested relief would result in disenfranchisement and could jeopardize [Los Angeles] County's entire election."</li></ul><p><strong>Ninth U.S. Circuit Judge</strong> Patrick Bumatay dissented, arguing that counting votes from noncitizens dilutes the power of citizens.</p><ul><li>"The federal government proposes a modest remedy—stopping California from mixing the ballots of citizens and suspected noncitizens. This solution would not cancel any vote but would allow time to verify the eligibility of suspected noncitizens."</li></ul><p><strong>Catch up quick: </strong>The DOJ sued California in mid October for refusing to segregate the ballots it asserted were sent to noncitizens.</p><ul><li>A district court denied the request for an injunction, deciding that the federal law the DOJ was relying on to bring the suit did not supersede existing state law. </li><li>The Trump administration appealed, leading to Friday's decision. The administration can now appeal again to the Supreme Court.</li></ul><p><strong>What they're saying: </strong>When reached for comment, the White House referred Axios to Trump's <a href="https://x.com/RapidResponse47/status/2115816692165103984" target="_blank">reaction</a> to the district court's decision to reject the DOJ's arguments Thursday morning, claiming if elections in California "were honest," with an "honest vote count," he would have won the state "by a lot" when he ran for president.</p><ul><li>Trump provided no evidence for the claim.</li><li>The Justice Department did not immediately respond to Axios' request for comment.</li></ul><p><strong>Zoom out: </strong>Trump has continued to make false claims of widespread voter fraud <a href="https://www.axios.com/2026/07/17/trump-china-election-interference-us-intelligence-claim" target="_blank">throughout</a> the year, which some election officials and voting rights groups argue could <a href="https://www.axios.com/2026/10/29/midterms-election-lawsuits-ballot-disputes" target="_blank">undermine trust</a> in America's elections. </p><p><em>Editor's note: This is a breaking news story and will be updated.</em></p>
<img src="https://www.theblaze.com/media-library/9th-circuit-denies-trump-doj-s-demand-for-california-to-set-aside-likely-noncitizen-ballots-but-it-s-not-over.jpg?id=68564787&width=1245&height=700&coordinates=0%2C37%2C0%2C38" /><br /><br /><p>The Trump administration lost a bid to force California to set aside ballots from a list of likely noncitizen voters.</p><p>The Department of Justice had flagged about 20,000 likely noncitizen voters and asked California to either verify their status as legal voters or segregate any ballots from those on the list.</p><p class="pull-quote">'There is a public interest in maintaining the integrity of elections. But as discussed, the district court found that the risks that noncitizens are voting are, at best, uncertain.'</p><p>California officials resisted, claiming that the list was vague and could lead to the disenfranchisement of legal voters.</p><p>The legal battle has worked its way through the court system and now may go to the U.S. Supreme Court.</p><p>A two-judge majority on the Ninth Circuit Court of Appeals <a href="https://thehill.com/regulation/court-battles/6185093-trump-administration-california-ballots-ninth-circuit-appeals-court/" target="_blank">ruled Friday</a> that the list was not credible, as a lower court had found.</p><p>"As the district court found — and we discern no clear error — there is no feasible way to identify and segregate the ballots of specific individuals without potentially catastrophic effects on the entire system," the unsigned ruling reads.</p><p>U.S. Circuit Judge Patrick Bumatay dissented from the majority.</p><p>"Throughout history, federal courts have acted to protect the voting and civil rights of our citizens by enjoining state action that violates the law," Bumatay wrote. "And common sense also tells us that the federal government shouldn't have to sit on its hands while a State allows the violation of federal law, especially when the integrity of federal elections is at stake."</p><p>California Secretary of State Shirley Weber previously <a href="https://www.theblaze.com/news/newsom-california-noncitizen-votes-lawsuit" target="_blank">accused</a> the federal government of making "vague and unsubstantiated allegations" in the list from the Department of Homeland Security.</p><p>"If the federal government possesses proof that certain registered voters in California are ineligible, we will welcome the opportunity to review that evidence and any supporting data or methodology," Weber said.</p><p>The appeals court appeared to agree with that argument in its split ruling Friday.</p><p>"To be sure, there are countervailing public interests at stake," the majority ruling reads. "There is a public interest in maintaining the integrity of elections. But as discussed, the district court found that the risks that noncitizens are voting are, at best, uncertain."</p><p>The Trump administration could request that the entire Ninth Circuit Court review the case, or it could appeal to the U.S. Supreme Court.</p><p>The election is in four days.</p><p><strong>RELATED: </strong><a href="https://www.theblaze.com/news/newsom-california-noncitizen-votes-lawsuit" target="_blank"><strong>Newsom is OUTRAGED over Justice Department lawsuit to block votes from 20,000 'likely noncitizens'</strong></a></p><p class="shortcode-media shortcode-media-youtube"> <span class="rm-shortcode" style="display: block; padding-top: 56.25%;"></span> </p><p>Democratic California Gov. Gavin Newsom posted a brief statement about the ruling.</p><p>"The courts have thrown out Trump's desperate and dangerous attempts to meddle in the California election process. We'll continue to fight their illegal power grabs and deliver a free and fair election," he <a href="https://x.com/CAgovernor/status/2116259739437084942" target="_blank">wrote</a> on social media.</p><p>The appeals judges who signed the majority included one nominated by President Donald Trump and one appointed by former President Joe Biden.</p><p><em><em>Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. </em></em><a href="https://www.theblaze.com/newsletters/theblaze-articlelink" target="_self"><em>Sign up here</em></a><em><em>! </em></em></p>
Hours later another federal judge barred the department from intimidating election workers involved in processing those ballots.
A split federal appeals court panel again rejected the Trump administration’s bid to set aside 20,000 California ballots it says are likely noncitizens until they can be verified. The 2-1 majority on the U.S. Court of Appeals for the 9th Circuit didn’t dispute a lower court’s finding that the list isn’t credible and ruled the…
A federal appeals court shut down President Trump's attempt to block the counting of 20,000 California ballots the administration says belong to suspected noncitizens.