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The Trump administration has requested that the U.S. Supreme Court hear its appeal concerning California's mail-in ballot case. The Justice Department is challenging a lower court ruling that allowed the counting of approximately 20,000 mail-in ballots, which the department claims may have been cast by non-U.S. citizens. This appeal comes just one day before Americans head to the polls for the midterm elections, which will determine control of Congress.
The Justice Department's petition to the Supreme Court follows the 9th Circuit U.S. Court of Appeals' decision to reject the department's attempt to block the counting of these ballots. According to CNBC, the DOJ had previously sued California to prevent the tabulation of mail-in ballots from individuals it suspects may not be citizens.
The federal government argues that these ballots should not be counted until the voters' citizenship status is verified. However, California officials maintain that the list provided by the DOJ is unreliable and likely includes many U.S. citizens. CNN reports that the appeals court concluded the federal government lacks the authority to dictate state election procedures.
U.S. District Judge David Carter previously denied the DOJ's request to set aside the ballots, stating that such actions could disenfranchise citizens and disrupt the election process. "If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger," Carter wrote, as noted by AP News.
The Supreme Court, with its 6-3 conservative majority, now faces the decision of whether to intervene in this high-stakes case. The outcome could have significant implications for the midterm elections and the balance of power in Congress.