The Justice Department asked the U.S. Supreme Court to order California to separate 20,000 ballots from suspected noncitizen voters, filing the last-minute appeal one day before the state begins counting ballots in the midterm elections.
Solicitor General John Sauer is seeking a limited injunction that would stop California from mixing the contested ballots with others while the federal government's appeal moves through the Ninth Circuit and any further review by the high court.
California and the United States disagree about the likely unlawfulness of the ballots at issue. These dueling allegations can and should be investigated.
John Sauer, U.S. solicitor general
In the filing, Sauer acknowledged that the state and the federal government disagree over whether the ballots are likely unlawful. He argued the competing allegations should be investigated and that interim relief is needed to hold both sides in place until a trial on the merits.
The justices will likely ask California for a response, but it is unclear whether they will act on the request, and such action appears unlikely.
The fight arrives on the eve of midterms in which key House and Senate races could decide the balance of power in Congress and shape how effective President Donald Trump's agenda is in the second half of his second term.
