Federal court overturns decision in favor of Trump admin's suspected noncitizens' ballots row

A panel ruling by the Night Circuit Court of Appeals on Monday that allowed the Trump administration to force states to set aside ballots of noncitizens was vacated hours later. 

The Justice Department sent letters to elections officials in California and Washington asking them to set aside ballots by voters the department alleges are noncitizens. The letters warned that if they knowingly counted the votes, they could face criminal penalties. 

A federal judge had barred the administration from making further requests or threats in the case, SCOTUS Wire reported, but the Ninth Circuit ruled that the government is likely to succeed in the case. Requesting that states separate ballots, warning officials about federal law, and investigating suspected violations, the court ruled, are core executive functions. 

However, hours later, the full Ninth Circuit vacated the ruling, ordering the case to be reheard by an expanded, 11-judge panel.