A federal appeals court Monday denied an emergency request from the U.S. Justice Department to step in and block California election officials from counting about 20,000 ballots from voters whose citizenship the Trump administration has questioned.
The three-judge panel of the U.S. 9th Circuit Court of Appeals — composed of two judges appointed by President Trump and one by President Biden — ruled that it did not have jurisdiction over the request, given that a lower district court has not yet made a ruling on it.
But two of the three judges also wrote separately to make clear they also would have
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