DOJ Asks the Supreme Court to Make California Set Aside About 20,000 Flagged Mail Ballots the Day Before the Election

On Monday, the Trump administration filed an emergency appeal at the Supreme Court in United States v. California, asking for a limited injunction that would direct California to set aside some 20,000 mail ballots from people the federal government suspects may not be citizens. “Once California commingles the challenged ballots with lawful ones, there is no way to get the challenged ballots back,” Solicitor General D. John Sauer wrote, per the Associated Press.

On standing, the question the district court decided against it, the government argues it suffers an “injury to its sovereignty”. California officials say the list is highly unreliable. The Supreme Court could act at any time, CNBC reports, and has no deadline.

This entry rests on press quotation of the application; the filing itself was not read. See 2026-10-28–carter-denies-doj-tro-us-v-california-20000-ballots-not-credible-dkt-149 and 2026-10-30–ninth-circuit-denies-doj-injunction-pending-appeal-california-ballots-bumatay-dissent.

Update (2026-11-02, docketing date): The application itself: No. 26A624, with a request for an administrative injunction

The application is docketed as No. 26A624 and was submitted to Justice Kagan. It asks the Court to require “California to segregate mail ballots from persons whom the United States has identified as likely noncitizens,” and also asks for an administrative injunction. On the list, it says the Solicitor General’s office “has been informed” of “more than 20,000 individuals who appear to be registered to vote in California.”

Update (2026-11-02, order date): Supreme Court rejects the application in a one-sentence order

The Supreme Court on Monday rejected the application. The one-sentence order “contained no explanation and had no noted dissents,” The Hill reports, and the Court acted within hours and without ordering California to file a response. Justice Elena Kagan referred the request to the full Court, Democracy Docket reports. The Hill notes the order is not technically the end of the lawsuit.