In a cascade of rulings in the days before Tuesday’s elections, federal judges have rejected the Trump administration’s efforts to wrest control over state voting processes, pressure state and local elections officials into complying with their demands and turn the midterm vote into another opportunity for immigration enforcement. In Northern California late Friday, U.S. Thompson granted labor unions representing California poll workers a sweeping order barring the Trump administration from an array of election-related actions, including demanding that those workers set aside ballots from voters whose eligibility the administration has questioned, and threatening them with criminal sanctions if they refuse to do so.
Ballots have already been issued. Americans have already begun voting. Workers have already begun processing ballots,” Thompson wrote.
The ruling followed three others — one in district court in Los Angeles and two in the U.S. 9th Circuit Court of Appeals — in which federal judges blocked the administration’s effort to force California elections officials to immediately set aside the ballots of 20,000 voters the administration alleges may be noncitizens, instead setting a schedule for more fact-finding in the case after polls close. It followed a ruling in a separate case in Washington, D.C., in which a federal judge demanded that the Trump administration turn over its list of alleged noncitizen voters to advocacy groups, including the Coalition for Humane Immigrant Rights of Los Angeles. Data analysts from the UCLA Voting Rights Project wrote in court Saturday that their review of the provided list found it “contains extensive errors” and includes citizens and thousands of others who are not on California’s voter list.
And it came about the same time as a decision late Friday by the full 9th Circuit not to reconsider a ruling by a smaller three-judge panel upholding an earlier ruling by U.S. District Judge Araceli Martínez-Olguin in Oakland. She had barred federal immigration agents looking for noncitizen voters from conducting door knocks, street stops and other field interviews in California and eight other states.
The administration’s losses — in cases with broad scope and real implications in an election that will determine control of Congress — are the result of legal challenges from a coalition of liberal states such as California, localities such as Los Angeles County, and immigration, voting rights and labor groups. But they are also the product of a bipartisan stable of federal judges — including appointees of President Trump — who have described the administration’s efforts as unconstitutional and a threat to one of the most core functions of American democracy. Those judges weighed that threat against the alleged threats to election integrity from noncitizen voters that the Trump administration claimed, and found the former to be greater than the latter.
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, and also tempered by California’s established voter-eligibility procedures,” wrote the 9th Circuit majority — one Trump appointee, one President Biden appointee — that refused to block the 20,000 votes. Rob Bonta, whose office has litigated several of the cases, in response to Thompson’s Friday night ruling in favor of the labor unions.
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