Carter Order in US v. California: "The Government’s Application for Temporary Restraining Order is DENIED"

Judge David O. Carter of the Central District of California, in an order dated October 28, 2026 (the order linked below), denied the Justice Department’s request to make California and Los Angeles County segregate ballots DOJ had flagged; the order describes the request as seeking “to segregate and exclude over 20,000 ballots”: “The Government’s Application for Temporary Restraining Order is DENIED.” The order opens: “Never before in American history has the federal government, on the eve of an election,” and finds that the United States “likely does not have standing or a cause of action.”

On harm, the court wrote that the government’s “theoretical risk of imminent harm is solely due to its own neglect,” and that if it has evidence of noncitizen voting “it should bring Section 611 indictments.” Under the heading “Plaintiff’s allegations are not credible,” the order weighs the evidence behind the list. The case continues; this order decides only the request for a temporary restraining order.

Update (2026-10-28, filing date): United States files notice of appeal to the Ninth Circuit

The United States filed a notice that it “hereby appeals” to the Ninth Circuit the same day, appealing the “Order denying injunctive relief (ECF 149)”. The notice is signed by Assistant U.S. Attorney Julie A. Hamill and dated October 28, 2026.