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A chronicle of the intersection of state politics and legal policy by Cheryl Miller of The Recorder and https://teapaw.org/t.co/ViwWygqeo8. cmiller(at)https://teapaw.org/t.co/RhCavwlfCz

Sacramento
Joined April 2009
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The 9th Circuit, split again 2-1, upholds Judge David Carter's order denying the fed government a TRO in the 20,000 "likely noncitizen" voters case. oag.ca.gov/system/files/atta…
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I wonder what Justice Kagan is doing this afternoon.
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Capital Accounts retweeted
JUST IN: Judge Boasberg has ordered the Justice Department to turn over to advoccy groups by 5pm today the list of 20,000 purported noncitizens on California's voter rolls.
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As expected, Judge Dave Carter declined to order CA to sequester any ballots cast by 20,000 people the federal government says may be ineligible to vote.
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Carter: “Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred. If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger …..
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“The Court declines to be a party to such a process.”
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Capital Accounts retweeted
UPDATE: Judge Carter ends his hearing with a warning to DOJ: "This court believes it would be wise that any threats to state and county elected employees cease immediately. Good night." He will issue a formal ruling tomorrow but appears to be rejecting DOJ's emergency efforts.
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Judge Carter said he can move quickly to get things "cleaned up" by the time the vote is certified in early December. But the LA registrar has said that once a voter's envelope and ballot are separated, there's no way to recover the ballot.
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It doesn't seem like Judge Carter is going to issue a TRO today. He just appointed a special master to look at the issues.
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Judge Dave Carter has had no questions for First Asst USA Essayli or any of the three attorneys for the state, even though they all seemed ready for some give and take. Read into that what you will.
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First Assistant USA Bill Essayli arguing the 20,000-ballots case himself this afternoon: "We're not telling California what they have to do. We're telling them what they can't do."
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On a 2-1 vote, a 9th Circuit panel rejects the Trump administration's efforts to take its CA illegal-voting allegations directly to the appellate court. "The United States failed to allow the district court adequate opportunity to consider its application" cdn.ca9.uscourts.gov/datasto…
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NEW: California sues ICE, asks a judge to declare civil immigration enforcement around state courthouses "unlawful, vacated, and enjoined."
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Capital Accounts retweeted
BREAKING: Justice Alito recuses from participating in major climate case one week before oral arguments. No explanation given. Alito has long held stock in the oil and gas sector.
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CA's high court also orders Sheriff Bianco to return to the registrar's office the 650,000 ballots his deputies seized.
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"We hold that the seizure of the ballots was unlawful. California law long has recognized that voted ballots require special care and handling to safeguard them from alteration or tampering."
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CA Supreme Court rules unanimously that Riverside Co Sheriff Chad Bianco must comply with AG Rob Bonta's order to halt his investigation into ballots cast in the 2025 investigation.
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..The authority vested in the AG under the state Constitution and [statute] includes the power to give binding directions to sheriffs regarding a particular investigation ... consistent with the AG’s duty “to see that the laws of the State are uniformly and adequately enforced.”
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