David Kurtz

courtlistener.com#63 in United States of America v. State of California, et al. (9th Cir., 26-7070) – CourtListener.comORDER FOR PUBLICATION FILED. (Mark J. BENNETT, Patrick J. BUMATAY, Gabriel P. SANCHEZ) (Concurrence by Judge BENNETT; Concurrence by Judge SANCHEZ; Dissent by Judge BUMATAY) [SEE ORDER FOR FULL TEXT] ...

JUST IN: In Trump admin's attack on California midterm elections, 9th Circuit in 2-1 decision dismisses Trump DOJ's appeal for lack of appellate jurisdiction. Case goes back to Judge Carter for hearing tomorrow. www.courtlistener.com/docket/75011...

The case now bounces back to U.S. District Judge David O. Carter of Los Angeles who has a critical hearing already scheduled for tomorrow. Regardless of how Judge Carter rules after tomorrow’s hearing, the case is likely to wind up back at the 9th Circuit, with the losing side expected to appeal.

storage.courtlistener.com#64 in United States of America v. State of California, et al. (9th Cir., 26-7070) – CourtListener.comORDER FILED. Any petition for panel rehearing or rehearing en banc from the panel’s October 26, 2026, order is due at 7:00 p.m. Pacific Time on Monday, October 26. [Entered: 10/26/2026 03:24 PM]

Before the case goes back to Judge Carter, the appeals panel gave the Trump DOJ until 7pm PT to seek en banc review by the full 9th Circuit. That's not likely to be a winning path for the admin, but stay tuned ... storage.courtlistener.com/recap/gov.us...

talkingpointsmemo.com9th Circuit Rejects Trump Appeal in CA Election CaseFollowing an usual Sunday afternoon oral argument, the 9th Circuit Court of...

A full writeup of the ruling: Notably, while Bennett and Sanchez didn’t feel the need to reach the merits of the case, they each said in their concurrences that they would have ruled against the administration on the merits, too. talkingpointsmemo.com/news/9th-cir...

The appeals court faulted the administration for its initial lack of urgency in the case, a smackdown that may land Attorney General Todd Blanche in hot water with the Trump White House:

Clarification: Opinion was not 2-1, exactly. It was per curiam, with a separate concurrence by Judge Bennett; a separate concurrence by Judge Sanchez; and a dissent by Judge BUMATAY.

David Kurtz reposted

Gillian Brockell

@gillianbrockell.com

HUGE, GOOD NEWS: In total reversal from Friday’s stonewalling, perjury-flirting “status report,” ICE now says it has secured a one-way travel document so Ahmed Soliman can return to the US via a commercial flight. storage.courtlistener.com/recap/gov.us...

18h

Anthropic: "... existential risks to humanity ... could adversely affect our business ..."

Corey Rayburn Yung@coreyryung.bsky.social

Anthropic's IPO filing includes some unusual risk factors, like possibly wiping out humanity, which seems bad. www.sec.gov/Archives/edg...

David Kurtz reposted

Roger Parloff

@rparloff.bsky.social

Judge Furman rules that Maureen Comey's firing violated separation of powers. Orders backpay. Govt's arguments violate 2 centuries of SCOTUS rulings & would "unsettle the equilibrium established by this Nation's constitutional system." storage.courtlistener.com/recap/gov.us...

talkingpointsmemo.comDangerous and Absurd: The Story of Donald TrumpA Ridiculous Threat to Democracy Before getting into the state of play...

Before getting into the state of play in the two major election interference cases in California and Alaska, I want to acknowledge an inherent tension in covering President Trump’s attack on free and fair midterm elections. talkingpointsmemo.com/morning-memo...

It’s hard to entertain those competing impulses, but the truth is the attack on the midterms is both dangerous and ridiculous, like Trump himself.

That and much more in today's Morning Memo, a weekday newsletter chronicling the depredations of the Trump II presidency, with a special focus on the rule of law. Sign up for free here: talkingpointsmemo.com/morning-memo

talkingpointsmemo.comDangerous and Absurd: The Story of Donald TrumpA Ridiculous Threat to Democracy Before getting into the state of play...

It’s a tension that should be familiar to anyone who has lived through the Trump era: The severity of his threat to democracy is matched only by his pure absurdity.

You may want to dismiss the entire midterm attack as an absurd scheme not worthy of you attention; or you may want to light your hair on fire about the coming fascism and ignore the inherent weaknesses in Trump’s desperate effort to stave off a loss of both chambers of Congress.

talkingpointsmemo.comJUST IN: Not Looking Good For Trump in CA Election CaseNearly two hours of oral arguments just concluded in the California election...

Nearly two hours of oral arguments just concluded in the California election case, and it looks very unlikely that the Trump administration is going to prevail in this early stage of the litigation. talkingpointsmemo.com/edblog/just-...

Even Judge Bumatay, whose questions were very friendly to the administration and challenging of the state, might have trouble finding appellate jurisdiction in the odd posture in which the Trump administration has put itself and its case.

Clearly anticipating that the case will come back to them on the merits within days, the judges devoted time to shaping some of those merits arguments. In those exchanges, Judges Bennett and Sanchez seemed unpersuaded that the executive branch had the power to dictate election procedures to CA.

talkingpointsmemo.comJUST IN: Not Looking Good For Trump in CA Election CaseNearly two hours of oral arguments just concluded in the California election...

The admin took the case to the 9th Cir after the district judge didn't act within the 3 business HOURS the Trump DOJ unilaterally gave him to rule, which it argued amounted to a constructive denial—a tough position to try to defend. “I don’t understand how we have jurisdiction,” Judge Bennett said.

The most likely path for the judges to take—which they discussed at some length toward the end of oral arguments—is to dismiss the appeal for lack of appellate jurisdiction. That would immediately return the case to the district court and allow it to proceed with Tuesday’s already-scheduled hearing.

talkingpointsmemo.comJUST IN: Not Looking Good For Trump in CA Election CaseNearly two hours of oral arguments just concluded in the California election...

In an unusual Sunday afternoon session conducted via Zoom, the 9th Circuit Court of Appeals weighed whether to order Los Angeles County to segregate and not yet count the mail-in ballots of alleged noncitizen voters from a dubious list of 20,000 voters compiled by the Trump administration.

Trump drew a favorable 9th Cir panel, with 2 of his appointees and a Biden appointee. But the admin’s ask of the court at this stage is so far-fetched that 2 of the 3 judges on the panel—Mark J. Bennett (Trump) and Gabriel P. Sanchez (Biden)—gave no indication that they would side with the admin.

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

In its attack on the midterm elections in California, the Trump DOJ has taken an extraordinary new step that exemplifies how far off the rails it has gone under Trump II. talkingpointsmemo.com/morning-memo...

California is refining its legal arguments against the Trump administration's attack on the midterm elections, and they've become more forceful as the case has developed: storage.courtlistener.com/recap/gov.us...

youtube.comyoutube.comYouTube video

In CA election case, oral arguments before the 9th Cir set to begin at 1 p.m. PT. The Trump DOJ is seeking an order to force LA County to segregate and not yet count mail-in ballots from alleged noncitizen voters who appear on a dubious Trump admin list: www.youtube.com/live/rIrq3cR...

Sigh ... Natalie Harp has entered the Kennedy Center conversation: 19 text messages between her and executive director Matthew Floca are among the materials the Trump-picked board is claiming are privileged and refuse to turn over in discovery. storage.courtlistener.com/recap/gov.us...

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

storage.courtlistener.com#43 in United States of America v. State of California, et al. (9th Cir., 26-7070) – CourtListener.comORDER FILED. Mark J. BENNETT, Patrick J. BUMATAY, Gabriel P. SANCHEZ. The court will hear remote oral argument via Zoom on Sunday, October 25, 2026, at 1 p.m. PDT. Oral argument will be 60 minutes. E...

In the CA election case, 9th Circuit sets oral arguments via Zoom tomorrow (Sunday) at 1 p.m. PT. storage.courtlistener.com/recap/gov.us...

A quick note: Neither CA election officials nor the 9th Cir are doing anything wrong here, but it's good to be generally aware that emergency oral arguments on a SUNDAY is precisely the kind of crisis atmosphere around the election that Trump is abusing the fed govt to create.

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

nytimes.comJustice Dept. Demands That California Counties Help Identify Noncitizen VotersElection officials across the state received letters from the agency saying if they fail to comply, they “risk significant federal scrutiny.”

The NYT reported late Friday that the Trump DOJ sent letters to election officials in every CA county threatening them w/ prosecution if they don't accede to its demands w/r/t alleged noncitizen voters, doing to everyone else what it was already doing to LA County www.nytimes.com/2026/10/23/u...

storage.courtlistener.comExhibit C – #37, Att. #3 in TRUJILLO v. U.S. DEPARTMENT OF HOMELAND SECURITY (D.D.C., 1:26-cv-03072) – CourtListener.comExhibit C

From one such letter, filed as an exhibit in a parallel case in D.C.: "If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime." storage.courtlistener.com/recap/gov.us...

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

storage.courtlistener.com#38 in United States of America v. State of California, et al. (9th Cir., 26-7070) – CourtListener.comORDER FILED. Appellant United States of America may file an optional reply to the responses to the motion for injunction pending appeal by October 25, 2026 at 9 a.m. PDT. Appellant United States of A...

In the CA election case, no rulings expected today from the 9th Circuit after it set additional filing deadlines for 9 a.m. PT tomorrow — effectively rebuffing the Trump DOJ's ask for a ruling by today. storage.courtlistener.com/recap/gov.us... Two things are before the appeals court:

courtlistener.com#36 in United States of America v. State of California, et al. (9th Cir., 26-7070) – CourtListener.comEMERGENCY MOTION to Dismiss filed by Appellee Dean Logan. [COURT UPDATE: motion originally filed at DE 34; court-entered using correct filing type] [Entered: 10/24/2026 12:09 PM]

1. The Trump DOJ is seeking an order for LA County to segregate and not count mail-in ballots of alleged noncitizen voters. 2. LA County's top election official has moved to dismiss the Trump DOJ's appeal entirely as premature (and baseless). www.courtlistener.com/docket/75011...

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

Noting "another flurry of filings" in the case today, the judge holds firm on the schedule he set: "The Court will rule promptly after hearing from the Parties at oral argument on Tuesday, October 27, 2026." Difficult to imagine the 9th Cir taking the Trump DOJ's gambit seriously on these facts.

storage.courtlistener.com#5 in United States of America v. State of California, et al. (9th Cir., 26-7070) – CourtListener.comEmergency MOTION Circuit Rule 27-3 Certificate filed by Appellant United States of America. [Entered: 10/23/2026 01:56 PM]

CA election case drags into the weekend: Trump DOJ wants a ruling from the 9th Cir *by tomorrow* that orders LA County—while voting is underway—to implement new process to segregate ballots from 20K alleged noncitizen voters until citizenship is confirmed. storage.courtlistener.com/recap/gov.us...

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

That and more in today's Morning Memo, a newsletter chronicling the depredations of the Trump II presidency, with a special focus on the rule of law: talkingpointsmemo.com/morning-memo

courtlistener.comMinutes of In Chambers Order/Directive - no proceeding held – #85 in United States v. State of California (C.D. Cal., 2:26-cv-12025) – CourtListener.comMINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER REITERATING BRIEFING DEADLINES RE TEMPORARY RESTRAINING ORDER. The Court will rule promptly after hearing from the Parties at oral argument on ...

Judge in CA election case makes an additional pt that I missed: Trump DOJ first asked for a ruling on its TRO by Election Day. Only after the judge set a hearing for Oct 27 did it ask for a ruling by noon on Oct 22—then claimed constructive denial and appealed. www.courtlistener.com/docket/74967...

David Kurtz reposted

Steve Vladeck

@stevevladeck.bsky.social

This (ugly) ruling only raises the stakes of the (already massively important) Barbosa da Cunha case #SCOTUS will hear this term. Now, if the justices side with the government on the statutory question presented there, they’ll have to also take up and resolve the due process question presented here.

Chris Geidner@chrisgeidner.bsky.social

BREAKING: Fifth Circuit, on a 10-7 vote, says no bond hearing for detained immigrants pending removal proceedings, no matter how long they're detained — reversing panel decision and district courts. www.ca5.uscourts.gov/opinions/pub...

David Kurtz reposted

Rick Hasen

@rickhasen.bsky.social

Replying to @rickhasen.bsky.social

From my @slate.com piece on Alaska: slate.com/news-and-pol...

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

Inside today's Morning Memo: Hours after Blanche denied he had any plan to block state’s from certifying election results, his DOJ filed a new lawsuit to block Alaska from certifying its U.S. Senate election—a key race that could decide control of the Senate. talkingpointsmemo.com/morning-memo...

courtlistener.comComplaint – #1 in United States v. State of Alaska (D. Alaska, 3:26-cv-00376) – CourtListener.comCOMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Carol Beecher, Election Boards of the State of Alaska, State Ballot Counting Review Board of the State of Alaska, State of Alaska, filed by Unit...

How it would be determined that ballots were mistakenly cast for the wrong Dan Sullivan is not clear. The lawsuit is signed by Stanley Woodward, Jr., the No. 3 official at DOJ. www.courtlistener.com/docket/75009...

prospect.orgThe Trump Administration May Have Just Lied to Judge About an ICE flight to Equatorial Guinea - The American ProspectAn ICE agent told a judge a charter flight to Equatorial Guinea had been canceled. It just landed there.

bsky.app/profile/atru...

Aaron Rupar@atrupar.com

Trump on the Alaska election lawsuit: "I'm the one that said 'do it'"

David Kurtz reposted

Gillian Brockell

@gillianbrockell.com

HOLY SHIT. In a sworn statement yesterday, an ICE agent told a federal judge that an ICE flight to Equatorial Guinea had been cancelled and so couldn't be used to bring Ahmed Soliman back to the United States. The plane just landed in Equatorial Guinea. prospect.org/2026/10/23/t...

David Kurtz reposted

Eric Columbus

@ericcolumbus.bsky.social

Furthermore—Alaska has ranked-choice voting! Anyone confused about the Sullivans can rank them 1-2, and the order doesn't matter, because the minor Sullivan will be eliminated before the final tabulation!

Adam Bonin@adambonin.bsky.social

The time to determine whether Dan J. Sullivan Jr. could appear on the Alaska ballot for U.S. Senate was months ago, and Alaska courts did so. What's additionally batshit about this is that the candidates' names are printed on the ballot in a way which makes abundantly clear who's who.

courtlistener.comExpedite – #16 in DSCC v. TRUMP (D.D.C., 1:26-cv-03674) – CourtListener.comEmergency MOTION to Expedite Discovery by DCCC, DEMOCRATIC GOVERNORS ASSOCIATION, DSCC, HAKEEM S. JEFFRIES, ERICK JOSE JIMENEZ, NEVADA STATE DEMOCRATIC PARTY, CHARLES E. SCHUMER. (Attachments: # 1 Exh...

In the DC lawsuit over Trump admin election subversion, Dems want quick discovery on: (i) Where else has the admin done what it's doing in CA w/r/t alleged noncitizen ballots? (ii) Where else has it threatened election officials with criminal prosecution? www.courtlistener.com/docket/74994...

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

“The sole purpose of his candidacy is to benefit the Peltola campaign by reducing the number of votes for Senator Sullivan,” the Trump DOJ claims in its lawsuit. It’s not at all clear that DOJ has a proper legal basis to bring such a lawsuit.

What DOJ is seeking in court is disturbingly vague and open-ended: prevent Alaska election officials from certifying the results of the Senate election “pending an investigation to determine whether votes cast for Daniel J. Sullivan were meant to be cast for Senator Sullivan.”

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

DOJ is jumping in before Election Day to try to salvage the re-election of Sen. Dan S. Sullivan (R), who is facing former Rep. Mary Peltola (D) and a spoiler candidacy by the similarly named Dan J. Sullivan.

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...

But by the end of the day yesterday, the Trump DOJ appealed what it claimed was the lack of a ruling from the judge, making the astounding assertion his “silence” amounted to a “constructive denial” of its application for a TRO.

How the Trump DOJ construes Judge Carter setting a hearing on its TRO as “silence” is mystifying. It’s hard to convey to non-lawyers how wacky this is — on so many levels — but let’s start with the claim that the judge had been silent. I walk you through it … with a timeline and everything.

talkingpointsmemo.comTrump DOJ Plays Dirty Pool In California Election CaseThe Sound of Silence In its attack on the midterm elections in...