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Ninth Circuit Denies DOJ Bid to Block 20,000 Mail Ballots

By Drooid · Oct 28, 2026 · How we work

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Summary

The Ninth Circuit Court of Appeals rejected the DOJ’s emergency request to block counting 20,000 flagged mail ballots on Oct 26, 2026.
Judges Bennett and Sanchez said the injunction would violate the Constitution’s Elections Clause.
Judge David O. Carter will appoint a special master to review the DOJ’s voter list.
Governor Gavin Newsom praised the appellate decision and urged Californians to vote on Nov 3.

History

After the 2000 presidential race ended when the U.S. Supreme Court’s 5-4 Bush v. Gore decision halted a Florida recount that left Bush ahead by 537 votes, courts have remained decisive in election disputes. On Oct. 26 2026 the Ninth Circuit barred the DOJ from blocking 20,000 flagged mail ballots, echoing the long-standing federal-state clash over vote-counting authority.

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After the 2000 presidential race ended when the U.S. Supreme Court’s 5-4 Bush v. Gore decision halted a Florida recount that left Bush ahead by 537 votes, courts have remained decisive in election disputes. On Oct. 26 2026 the Ninth Circuit barred the DOJ from blocking 20,000 flagged mail ballots, echoing the long-standing federal-state clash over vote-counting authority.

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