Federal appeals court appears skeptical of DOJ lawsuit over ballots allegedly sent to noncitizens

A three-judge panel of a federal appeals court on Sunday asked pointed questions about a Trump administration lawsuit seeking to force California officials to disregard thousands of mail-in ballots the Justice Department claims were sent to noncitizens ahead of the midterms. 

Circuit Judge Mark Bennett of the 9th U.S. Circuit Court of Appeals, during rare weekend oral arguments, said that the DOJ lawsuit could not be reconciled with a constitutional provision known as the Elections Clause, which grants states the authority to set election processes, NBC News reported. 

Bennett, a Trump-appointed judge, told Justice Department attorney Matthew Donnelly, that the DOJ appeared to be asking the court to "issue an injunction that is entirely inconsistent with the law that the California Legislature has adopted pursuant to the Elections Clause." 

"How can we do that?" Bennett asked. 

The Justice Department had filed an emergency motion requesting the court expedite the case. Bennett said at the end of the two-hour oral argument that the three-judge panel would rule as quickly as possible.