A panel of federal appeals court judges signaled significant hesitation regarding a request from the Department of Justice (DOJ) to intervene in the handling of 20,000 California ballots. The DOJ is seeking to have these specific ballots segregated, arguing that they may have been cast by noncitizens. The request was brought before the court during a rare Sunday session, highlighting the urgency the administration feels regarding the matter.

During the proceedings, the judges questioned the legal basis for their involvement at this stage. U.S. Circuit Judge Mark Bennett explicitly challenged the DOJ’s position, stating, “I don’t see how we have jurisdiction.” The court’s skepticism suggests that the judges are unconvinced that a trial judge needs to accelerate the process or that the appeals court has the authority to intervene in the manner requested by the government. The DOJ’s underlying lawsuit aims to address concerns about voter eligibility, but the immediate focus of the hearing remained on the procedural question of whether the court should order the segregation of the ballots while the broader legal challenge continues. As of the hearing's conclusion, the court appeared unlikely to grant the administration's bid for immediate action.