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Full 9th Circuit votes 6-5 to let DOJ go back to asking California and Washington to hold suspected noncitizen ballots

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At a glance: An 11-judge en banc panel of the 9th Circuit voted 6-5 on Tuesday afternoon to reinstate a stay of Judge Trina Thompson's Oct. 30 restraining order. · Sources: Katie Daviscourt on X
FACTS

An 11-judge en banc panel of the 9th Circuit voted 6-5 on Tuesday afternoon to reinstate a stay of Judge Trina Thompson's Oct. 30 restraining order. With the stay back in place, the Justice Department can again ask election officials in California and Washington to set aside ballots it suspects were cast by noncitizens, and can again warn officials about possible prosecution.

It took three rounds to get here. On Monday a 2-1 panel, Judges Carlos Bea and Consuelo Callahan with Judge Mary Murguia dissenting, stayed Thompson's order. Hours later the full court vacated that ruling and took the case en banc. Tuesday's 6-5 vote puts the panel's stay back in force while the appeal goes on. The case is SEIU v. Department of Justice, No. 26-7303. Thompson's order had been set to run until Nov. 16.

This is separate from Monday's Supreme Court order, which turned down DOJ's application over roughly 20,000 California ballots.

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  1. 51m ago

    Published.