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Can the U.S. make California set aside 20,000 flagged mail ballots?

United States v. State of California

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Should ballots be set aside while the United States appeals?U.S. · Emergency injunction · No ruling yet

The Ninth Circuit denied the request on October 30 over a dissent, and the Supreme Court denied it on November 2. A renewed district-court request is unruled.

  1. The United States asks the Ninth Circuit for an injunction pending appeal

    Oct 29–30

    Denied on Oct 30

    1. United States · Asks for an emergency injunction ·

      It asked the appeals court to order ballots set aside while it appeals the restraining-order denial.

    2. Supporting amici · File friend-of-the-court briefs ·

      Bipartisan former governors, former Justice Department lawyers, and a group of states filed briefs supporting California and the voter groups.

    3. California · Opposes ·

      The state opposed the motion.

    4. Voter and civil rights groups · Oppose ·

      SIREN and Mi Familia en Acción, and separately LULAC and NAACP, opposed the motion.

    5. Ninth Circuit · Denies the injunction ·

      Over Judge Bumatay's dissent, the panel found no abuse of discretion in denying the restraining order. No judge sought full-court review.

  2. The United States asks the Supreme Court for an injunction pending appeal

    Nov 2

    Denied on Nov 2

    1. United States · Applies to the Supreme Court ·

      It asked the Justices to have California keep flagged ballots separate, not cancel them, during the appeal, plus a temporary order while they decide.

    2. Supreme Court · Denies the application ·

      Justice Kagan referred the application to the full Court, which denied it in a one-line order without explanation.

Should the court dismiss the United States' lawsuit?C.D. Cal. · Dismissal · Briefing

California and LA County moved to dismiss on October 21; on November 2 LULAC and NAACP joined and California stood on its motion. The court hears the motions November 13.

  1. California and LA County ask the court to dismiss the lawsuit

    Oct 21–29

    1. California · Moves to dismiss ·

      The state and its Secretary of State asked the court to dismiss the complaint, and joined a request to hear the motions quickly.

    2. LA County · Moves to dismiss ·

      The County's registrar filed his own motion to dismiss.

    3. Judge Carter · Sets a hearing ·

      He allowed amended motions and an intervenor motion by November 2 and set a November 13 hearing.

  2. Nov 2

    1. LULAC and NAACP · Join and move to dismiss ·

      They adopted the state's and County's reasons, citing the Ninth Circuit's ruling, and asked for a decision before any hearing on the list.

    2. California · Stands on its motion ·

      The state chose not to amend its motion and asked the court to grant it, pointing to the rulings against the United States so far.

  3. Next step: Hearing on the motions to dismiss

Should the court order listed voters' mail ballots set aside?9th Cir. · Emergency relief · Briefing

The district court denied a restraining order on October 28, and the United States appealed. The injunction request goes to a November 13 hearing; appeal briefs start November 30.

  1. The United States asks for an emergency order to hold flagged ballots

    Oct 19–28

    Denied on Oct 27

    1. United States · Asks for a restraining order ·

      It asked the judge to make LA County set aside mail ballots of people on its list of likely noncitizens, and asked for a fast ruling.

    2. Judge Carter · Sets a hearing ·

      He set argument for October 27 and told the groups seeking to join the case to argue too.

    3. California · Opposes ·

      The state filed a supplemental opposition to the request, backed by a new declaration.

    4. United States · Replies and adds evidence ·

      It replied in support and filed new declarations, including a response to the County's sample of listed records.

    5. LULAC and NAACP · Answer the new evidence ·

      The voter groups responded to the new declarations with a supplemental expert declaration and news reports.

    6. Judge Carter · Denies the order ·

      After a hearing, he found the U.S. unlikely to win, the list's accuracy unproven, and the request too close to Election Day.

  2. The United States appeals the denial to the Ninth Circuit

    Oct 28–30

    1. United States · Appeals ·

      It appealed the October 28 order denying the restraining order.

    2. Ninth Circuit · Sets a briefing schedule ·

      The opening brief is due November 30 and the answering brief December 30.

  3. Oct 29

    1. Judge Carter · Sets a hearing ·

      He set a November 13 hearing, ordered witness lists on the list's reliability by November 6, and appointed a special master.

  4. Next step: Hearing on the injunction request

Should the courts accept the proposed friend-of-the-court briefs?9th Cir. · Amicus briefs · No ruling yet

The district court accepted a brief from Washington and other states; other requests there await rulings. The Ninth Circuit accepted four amicus briefs on October 30.

  1. Washington and other states ask to file a brief in the trial court

    Oct 21–23

    Granted on Oct 23

    1. Washington and other states · Ask to file a brief ·

      The states asked to file a friend-of-the-court brief.

    2. Judge Carter · Accepts the brief ·

      He granted the states' request.

  2. More groups and states ask to file briefs in the trial court

    Oct 23–27

    1. Civil rights groups · Ask to file briefs ·

      Asian Americans Advancing Justice Southern California and Common Cause asked to file briefs.

    2. Florida, NRCC, and AFPI · Ask to file briefs ·

      Florida and ten other states, the NRCC, and the America First Policy Institute asked to file briefs. No ruling appears yet.

  3. Four groups ask to file briefs in the Ninth Circuit

    Oct 29–30

    Granted on Oct 30

    1. America First Policy Institute · Asks to file a brief ·

      The policy group asked to file a brief supporting the United States' emergency motion.

    2. Supporting amici · Ask to file briefs ·

      Bipartisan former governors, former Justice Department lawyers, and a group of states asked to file briefs supporting California and the voter groups.

    3. Ninth Circuit clerk · Accepts all four ·

      The clerk granted all four requests.

Should voter and civil rights groups join as defendants?Yes: both groups may join as defendants · C.D. Cal. · Intervention · Request granted

Over the United States' objection, the court let NAACP, LULAC, SIREN, and Mi Familia en Acción defend the case on October 28.

  1. Voter and civil rights groups ask to join the case as defendants

    Oct 15–28

    Granted on Oct 28

    1. SIREN and Mi Familia en Acción · Ask to intervene ·

      The immigrant rights groups asked to defend the case and filed a proposed answer.

    2. LULAC and NAACP · Ask to intervene ·

      The voting rights groups filed their own motion to join as defendants.

    3. United States · Objects ·

      It objected to SIREN and Mi Familia en Acción joining the case.

    4. LULAC and NAACP · Support their motion ·

      They filed a further brief and declaration supporting their motion.

    5. SIREN and Mi Familia en Acción · Reply ·

      They replied in support of their motion.

    6. Judge Carter · Lets both groups join ·

      He found the motions timely and said the groups represent thousands of voters whose interests the existing parties may not adequately protect.

Can the appeals court hear an appeal filed before the judge ruled?No: appeal dismissed, no ruling yet to review · 9th Cir. · Appeal · Decided

The United States appealed, calling the judge's silence a denial. The Ninth Circuit dismissed the appeal for lack of jurisdiction on October 26.

  1. The United States appeals before the judge rules on its emergency request

    Oct 22–26

    Granted on Oct 26

    1. United States · Appeals ·

      It appealed, treating the judge's delay in ruling on its restraining-order request as a denial.

    2. LA County · Asks to dismiss the appeal ·

      The County's registrar argued there was no ruling yet for the appeals court to review.

    3. Ninth Circuit · Hears argument ·

      The panel heard remote argument on Sunday, October 25.

    4. United States · Opposes dismissal ·

      It argued the appeals court could hear the appeal now.

    5. LA County · Replies ·

      The registrar replied in support of dismissal.

    6. Ninth Circuit · Dismisses the appeal ·

      Over one judge's dissent, the panel held it lacked jurisdiction because the judge had not yet effectively denied the request. The mandate issued.

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