Appeals court hands Trump administration setback in push to block California votes by alleged noncitizens

A U.S. appeals court on Monday ruled against President Donald Trump's administration in a major voting dispute ahead of the midterm elections, denying a request to block California from counting mail ballots from people on a list of more than 20,000 registered voters the federal government alleges are likely noncitizens.

The 2-1 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals marked the latest setback in Trump’s efforts to assert a greater federal role in overseeing elections in the run-up to the Nov. 3 midterms in which his fellow Republicans are fighting to retain control of Congress.

The majority decision said the Justice Department had failed to give a lower court judge an adequate opportunity to consider the case, and therefore it would be premature for the appeals court to weigh in. The lower court judge has scheduled a hearing on Tuesday in the case.

Circuit Judge Gabriel Sanchez, one of the two judges in the majority, wrote in a concurring opinion that the federal government “asks the federal court to dictate to a state legislature a matter squarely within the state’s traditional domain, upending the state’s policies in this regard and inviting disorder and confusion for voters…

Original source: https://www.nbcnews.com/business