A federal appeals court panel denied the Trump administration's request that it immediately order California to set aside 20,000 mail-in ballots, by a 2-1 vote, The New York Times reported. The request sought an order that the state set the ballots aside while the underlying case continues.
The panel's action followed a hearing that the court had scheduled for Sunday. ABC News reported that the appeals court had set the proceeding, which it described as rare, in the Justice Department's voting lawsuit against California.
At that hearing, the court appeared unlikely to grant the request immediately, according to The Hill. The Hill reported that the administration sought to segregate 20,000 California ballots that the Justice Department says are likely from noncitizen voters. The Hill also reported that the judges expressed skepticism that the trial judge needs to move more quickly. U.S. Circuit Judge Mark Bennett said, "I don't see how we have jurisdiction."
The three reports differ in emphasis rather than in outcome. ABC News described the scheduling of the hearing, The Hill described the bench's reaction during it, and The New York Times reported the formal vote. The Hill's report was published before The Times's report, but the reports reviewed for this story do not give the reasoning behind the panel's vote or say which judge dissented.
The reports reviewed also do not describe the claims in the Justice Department's lawsuit beyond the request concerning the 20,000 ballots.
Sources: ABC News: Appeals court to hear arguments in Trump admin's voting suit against California; The Hill: Appeals court resists DOJ’s bid to immediately segregate 20k California ballots; The New York Times: Appeals Court Declines to Intervene in California Ballot Lawsuit.