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Courts & Legal Status: Injunction granted in California case; TRO denied in separate case

Judge Boasberg Bars DOJ and DHS From Demanding California Set Aside Ballots

By AFNS Research Desk · · 2 min read

The E. Barrett Prettyman U.S. Courthouse in Washington, D.C. (file image, 2026)
Photo: ajay_suresh / Wikimedia Commons, CC BY 4.0 (cropped)

Ruled Nov. 2, 2026. Published Nov. 3.

Two cases, two outcomes

Boasberg ruled Monday in two separate cases. In one, brought by California plaintiffs whose members include people on DOJ's list, he barred DOJ and DHS from demanding that California set ballots aside (Axios, Bloomberg Law). In the other, brought by the DSCC, DCCC, Democratic Governors Association and Nevada State Democratic Party, he denied a temporary restraining order because the groups lacked standing (Democracy Docket).

The California ruling

Ruling on Monday, the day before the midterms, Boasberg concluded that the executive branch likely has no constitutional power to dictate how states handle ballots, because the Constitution assigns election rules to the states and Congress. His order bars DOJ and DHS from demanding that California set ballots aside or change its procedures based on the federal lists (Axios).

Axios reported that an expert the judge credited found at least 22 known U.S. citizens on DOJ's list, and 66 more who are almost certainly citizens. The ruling leaves DOJ free to investigate and prosecute illegal voting through normal channels (Axios).

The Supreme Court and the 9th Circuit had only refused to order California to comply. This ruling goes further and directly limits what federal officials can demand.

The Democratic committees' case

In the separate case, Democracy Docket reports that Boasberg said the letters "may indeed be unlawful," but denied the restraining order because the party committees lacked standing (Democracy Docket).

Related

Sources

  1. Axios: Judge blocks Trump DOJ's California ballot demands www.axios.com
  2. Bloomberg Law: Judge in D.C. bars Trump administration demands on California ballots news.bloomberglaw.com
  3. Democracy Docket: Federal judge won't bar Trump admin from threatening election officials www.democracydocket.com

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