Appeals court restores block on DOJ ballot demands over suspected noncitizen voters

Late Monday, the full 9th U.S. Circuit Court of Appeals agreed to take up the Trump administration's challenge to a ruling from a San Francisco federal judge. That ruling bars the administration from threatening election workers with prosecution if they refuse to set aside ballots suspected of coming from noncitizens. Earlier the same night, a three-judge panel had granted the Justice Department's request to pause the ruling.

The panel said the government was likely to win and described its requests and criminal investigations as core executive functions. Hours later, the full court wiped out the panel's decision and ordered that all 11 active judges hear the case. Fox News reports that this put the lower court's limits back in place during the rehearing.

The plaintiffs are labor unions and civil rights groups, among them the NAACP and LULAC. They argue that letters from the Justice Department and Homeland Security to election officials were intimidation. Just the News reports the letters went to officials in California and Washington.

Fox News also reports that on Monday the Supreme Court refused an emergency request to make California set aside mail ballots of roughly 20,000 voters federal officials flagged as likely noncitizens. First Assistant U.S. Attorney Bill Essayli said the DOJ will keep investigating and charging.