The Supreme Court has rejected the Department of Justice’s emergency appeal regarding the California midterms.
The DOJ believes that there are a large number of noncitizens on the voter rolls in California, though the state denies that claim. On Monday, U.S. District Court for the District of Columbia by Chief U.S. District Judge James Boasberg shot down the government’s case saying that the “flawed lists” have a “high error rate” and that taking the desired action would “risk chilling or preventing lawful votes from being cast and counted.”
“The Executive Branch has likely violated the Constitution’s Elections Clause, which commits authority over election rules to the states and Congress alone,” he added. “California may decide for itself what procedures to use for verifying the citizenship of registered voters and for deciding whether to count their mail-in ballots.”
The US Supreme Court quickly rejected a bid by the Trump administration to temporarily block California from counting mail-in ballots from more than 20,000 registered voters who federal officials allege are likely non-US citizens https://t.co/V7UO27tami https://t.co/EcJ0TmvIJW
— Reuters (@Reuters) November 3, 2026
This didn’t sit well with the DOJ, which quickly appealed the decision to the Supreme Court. They asked to have ballots mailed to more than 20,000 voters set aside, but SCOTUS was unusually quick to respond.
“The application for injunction pending appeal presented to Justice Kagan and by her referred to the Court is denied,” the order read, not giving any reason or context to the rejection.
X users reacted:
So non citizens will be voting then ??
— Sally (@Sally70093950) November 2, 2026
The more foreigners who vote in U.S. ELECTIONS— the better. Thank you @SCOTUS for counting every vote from every illegal alien in our country.
— Red Bone (@BambBeeker) November 3, 2026
SCOTUS is sending a clear message to Congress to get their shit together. Fricking Thune screwed America by not getting the SAVE ACT passed. It is not SCOTUS job to assure safe and secure elections. This sucks but this is on Thune.
— Don Voss
(@DonVoss2) November 2, 2026
The Supreme Court has already been captured by the Democrats. They want to pack SCOTUS because of the 10% of cases in which SCOTUS doesn’t do their bidding
— Richard Arion (@RichardArion1) November 2, 2026
So in other words my vote doesn’t count since illegals can silence my vote
— CherrYHills Bitch (@CherrYHillS) November 2, 2026
It declines to do so “on an emergency basis” (special shortened procedure), but not on a standard submission basis, which hasn’t been submitted for adjudication yet.
— Friendly Stranger (@FriendlySt79779) November 2, 2026
