DOJ restrictions

Trump admin’s win short-lived as appeals court restores DOJ restrictions overnight

Kyle Cheney and Josh Gerstein

In a rush of overnight activity, a federal appeals court left in place extensive restrictions on the Justice Department’s ability to pressure states to adopt the Trump administration's preferred ballot security measures.

Late Monday, a three-judge panel of the 9th Circuit Court of Appeals lifted a lower court’s order that blocked DOJ’s election-eve activities, including letters and public comments that local election workers viewed as threats of criminal prosecution if they refused to abide by the administration’s demands. Trump administration officials celebrated the ruling as a victory for their efforts to crack down on state voting procedures and pursue cases of illegal voting by noncitizens.

But their exuberance was short-lived. Less than three hours later, the full bench of the 9th Circuit reversed the three-judge panel, restoring the nationwide restrictions U.S. District Judge Trina Thompson imposed on DOJ last week.

The dizzying action by typically glacial appeals courts led to confusion among Trump allies — many of whom continued to celebrate the appeals panel’s ruling even as polls were opening Tuesday.

The 9th Circuit's late-night order sending the case to an 11-judge court for a so-called en banc rehearing is not a final ruling even on DOJ's emergency request to stay Thompson's order.

However, the vote put her order back into effect just as Election Day began and means that — barring further action from the appeals court or the Supreme Court — DOJ will have to refrain from pressuring election officials as ballot counting ramps up.