Should DOJ's prosecution warnings to election workers be blocked for now?
The judge issued a restraining order on Oct 30, 2026, without hearing from the government first. A preliminary injunction hearing is set for Nov 13.
The unions and civil rights groups ask for a restraining order
They argued DOJ and Homeland Security were intimidating election workers with threats of prosecution days before Election Day.
Judge Thompson found the threats likely violate the Voting Rights Act and the Elections Clause, and barred them until a hearing.
The unions and civil rights groups ask for a preliminary injunction
The court set briefing and a Nov 13 hearing on a preliminary injunction, then corrected the schedule the same day.
After the stay hearing, the judge moved the government's opposition to Nov 9 and kept the Nov 13 hearing.
Next step: Preliminary injunction hearing
Should the restraining order be paused while the government appeals?
The trial judge refused to pause the order, and a Ninth Circuit panel then paused it. Hours later the full court vacated the panel's order to rehear the request.
The government asks Judge Thompson to pause her restraining order
The government said it would seek relief and then asked the judge to stay or dissolve the order it had no chance to oppose.
The groups argued the threats were ongoing during the election and the order should stay in place.
The judge posed written questions, the government answered with declarations, and she heard argument on Nov 2.
The group asked to file a brief opposing the stay; the court accepted it.
The judge kept the order, found the groups had standing and likely APA and due process claims too, and shortened it to Nov 13.
The government asks the Ninth Circuit for an emergency stay
The government argued the order is an appealable injunction, the groups cannot sue under the Voting Rights Act, and its letters are lawful.
The groups opposed a stay and filed a supplement and later notices of new rulings from other courts.
Justice Connection and a group of bipartisan former election officials filed briefs with requests for leave.
Two judges found the government likely to win on both claims and paused the order; Chief Judge Murguia dissented.
The unions and civil rights groups ask the full Ninth Circuit to rehear the stay
A judge asked on the court's own motion for a full-court vote, and the parties were told to brief it that night.
The groups said the panel's ruling conflicts with the Ninth Circuit's decision days earlier in United States v. California.
The government said the panel was right and its ruling does not conflict with California, which asked a different question.
A majority of active judges voted to rehear the stay request, and the panel's stay order was vacated.
Should the Ninth Circuit undo the restraining order on appeal?
The government appealed the restraining order on Oct 31. The trial judge called the appeal premature; the government's opening brief is due Nov 30.
The government appeals the restraining order to the Ninth Circuit
The government appealed the restraining order as if it were a preliminary injunction.
The court set the government's opening brief for Nov 30 and the groups' answer for Dec 28.
Judge Thompson said a restraining order generally cannot be appealed yet, so she could still modify it.
Next step: Government's opening brief due