Key facts
- The Supreme Court issued a brief order without explanation and did not ask California for its views first, as it normally does.
- The 9th U.S. Circuit Court of Appeals found no evidence Congress intended the federal law barring noncitizens from voting to pre-empt state election laws.
- California officials said state law already bars noncitizens from voting and questioned whether the federal government's information was accurate.
- The administration's claim rests on a government list California officials disputed as possibly inaccurate.
The Supreme Court on Monday rejected an emergency request by the Trump administration that California separate out up to 20,000 mail-in ballots that officials allege could be submitted by noncitizens, a loss for President Donald Trump. The court issued a brief order without explanation and did not ask California for its views first, as it normally does in such cases.
Lower courts had also ruled against the administration. In rejecting its claims, the 9th U.S. Circuit Court of Appeals said there was no evidence Congress intended the federal law barring noncitizens from voting to pre-empt state election laws. California officials had resisted the Justice Department's intervention, noting state law already bars noncitizens from voting and expressing doubt about whether the federal government's information was accurate.
Thousands of mail-in ballots have already been submitted and processed in California. Because officials discard identifying details after checking a signature against voter registration records, it would be impossible to retroactively determine which votes may have been cast by the alleged noncitizens. The administration has separately warned California election officials they could face prosecution if they allow noncitizens to vote, and a federal judge told the Justice Department on Saturday to stop making such threats.