A panel of federal appellate judges on Sunday questioned the timing, constitutionality and authority of the Justice Department's demand that California election officials set aside thousands of mail ballots from people the federal government suspects may not be citizens.
During rare weekend arguments, two of the three judges on the 9th U.S. Circuit Court of Appeals appeared skeptical of a lawsuit brought by President Donald Trump's administration in mid-October. The lawsuit accuses California officials of failing to meet a 48-hour deadline to review 20,000 names the administration flagged as likely noncitizens on the state's voter rolls.
The administration asked a federal judge to require the state to withhold counting those ballots until the voters’ immigration status could be verified. The district judge scheduled a hearing for Oct. 27, days after the case was assigned, but the federal government appealed to the 9th Circuit Court of Appeals, seeking an expedited decision.
Justice Department attorney Matthew Donnelly told the panel that California is causing irreparable harm “by allowing noncitizens to vote in violation of their own state laws. The damage is irreversible and irrevocable.”
The Trump administration has made efforts to identify noncitizen voters a priority this year, even though noncitizen voting is exceptionally rare.
Circuit Judge Mark Bennett, a Trump appointee, questioned whether the appellate court even has jurisdiction to hear the case even before a ruling by the lower court.
Donnelly argued that the schedule set by the lower court judge was too slow and effectively a denial of the government's request, as state elections officials process thousands of mail ballots every day.
Judge Gabriel Sanchez, appointed by former President Joe Biden, questioned whether the federal government was violating the Tenth Amendment, essentially commandeering the state to enforce a federal law that makes it a misdemeanor for a noncitizen to vote.
The federal government is simply asking California to enforce their own law, which also bans noncitizens from voting, Donnelly said. He argued the state's refusal to comply with the federal request to set aside the ballots for review was “frustrating the purpose” of the federal law against noncitizen voting.
The Elections Clause of the U.S. Constitution gives state legislatures the power to set the time, place and manner of congressional elections, Bennett said. The executive branch may be “unhappy with what they’re doing, and doesn’t like the manner,” Bennett said, but under the Election Clause the state has the right to determine those issues — including how it sorts out any noncitizen voters.
Attorney Seth Waxman, representing Los Angeles County Clerk Dean Logan, said the federal government's list was unreliable and that segregating the ballots for a review process would effectively disenfranchise thousands of eligible voters.
Even if election staffers spent just three minutes checking each of the expected 2.75 million mail ballots against the government's list, the process would take 140,000 man-hours, Waxman said — or about 16 years of working time.
Waxman cited a review of 200 records from the Trump administration's list conducted by Los Angeles County staffers. Assistant Registrar-Recorder Monica Flores said in a court filing that the sample included canceled or inactive registrations, individuals with no voting history and voters who appeared to have been born in the United States, which the filing notes “is strong evidence of citizenship.”
If the administration disagrees with how California runs its elections, it can ask Congress to change that process, said attorney Sam Siegel, representing California Secretary of State Shirley Weber.
The federal government has provided no credible evidence to support its suspicions, said Siegal.
“It has no basis in law or in fact,” he told the panel. “We just dispute the premise that noncitizens are voting."
But Judge Patrick Bumatay, who was appointed by Trump, said everyone has an interest in ensuring that only eligible citizens vote. He suggested that granting the administration's request for an emergency order could provide clarity.
“Without an injunction, you will never know” if that is happening, Bumatay told Seigel.
Bennett said the panel would try to issue a ruling as quickly as possible.
FILE - The U.S. Department of Justice logo is seen on a podium before a news conference, May 4, 2026, in Washington. (AP Photo/Julia Demaree Nikhinson, File)
FILE - The U.S. Department of Justice logo is seen on a podium before a press conference, May 6, 2025, at the Justice Department in Washington. (AP Photo/Julia Demaree Nikhinson, File)
ATLANTA (AP) — A week ago, Atlanta Falcons rookie Kendal Daniels was carted off the field on a stretcher, his body strapped to a backboard, his head engulfed by an ominous-looking brace. No one was thinking about when he might return. The immediate concern was whether he sustained any career-threatening or even life-altering damage.
Which made his performance Sunday even more remarkable.
In a game the Falcons desperately needed to win, Daniels came through with a team-high 11 tackles, made a crucial interception in the fourth quarter and, for good measure, recovered a fumble that finished off a 29-20 win over the previously unbeaten San Francisco 49ers.
“I'm really proud of that kid,” said coach Kevin Stefanski, who rewarded the 23-year-old linebacker with a game ball.
Once he left the hospital and was cleared physically, Daniels faced the inevitable mental challenge of getting back on the field without any lingering doubts or fears holding him back. He knew that his facemask-on-knee collision with Chicago Bears tight end Colston Loveland could have turned out much worse.
“I've never not walked off the field after an injury,” Daniels said. “So mentally, I had to be prepared. Going back home, I had to make sure I was OK mentally, more than anything, and not playing timid.”
No one would accuse him of timidity against Brock Purdy and the Niners.
Daniels turned up everywhere, making the sort of big plays the Falcons (3-4) needed to pick up their first home win of the season. Especially in the final quarter, when the fourth-round draft pick looked like a budding star with Atlanta clinging to a 26-20 lead.
On third-and-9 from just shy of midfield, Purdy attempted a pass over the middle. Daniels read it all the way, leaping high to deflect the ball into his own hands. With the pick secured, he took off the other way for a 29-yard return that set up Nick Folk's field goal with 1:56 remaining.
“I had missed one earlier in the game,” Daniels said. “I just knew I needed to make a play for my team.”
Daniels wasn't done, either.
The 49ers tried to race down the field for a touchdown or field goal that would've at least given them a shot at an onside kick. But Jessie Bates jarred the ball loose from George Kittle after a long completion, and Daniels, hustling all the way, fell on the fumble at the Falcons 20 with 47 seconds to go.
Bring on the victory formation.
Teammate Maason Smith marveled at how far Daniels had come in the past week.
“I can remember on Monday, he could barely turn his neck to either side,” Smith said. “To see him go through all that, then come back on the following Sunday and have a hell of a game is great to see. I hope to see more of it.”
Daniels conceded that he was still thinking about the injury when he came out for the warmups at Mercedes-Benz Stadium, a player alone with his thoughts after a harrowing ordeal.
“I wasn’t scared, but I definitely thought about it,” Daniels said. “I haven’t been in full pads all week. What if I’m not OK? But once I got my first tackle in pregame, I was good.”
He wouldn't get any argument from the 49ers, who lost for the first time this season largely because of four turnovers.
The Falcons can only hope their young linebacker's inspiring recovery signals a long-term turnaround for a long-suffering franchise.
Daniels is certainly looking forward. When fellow rookie linebacker Harold Perkins Jr. was slapping him on the back of his helmet in celebration as the final seconds ticked way, leaving the field the previous Sunday on a stretcher was long forgotten.
“That was the last thing I was worried about,” Daniels said with a grin.
See AP’s full NFL coverage here
Atlanta Falcons linebacker Kendal Daniels (53) lies on the field after being injured during the second half of an NFL football game between the Falcons and the Chicago Bears in Atlanta, Sunday, Oct. 18, 2026. (AP Photo/Mike Stewart)
Atlanta Falcons linebacker Kendal Daniels is taken off the field after being injured during the second half of an NFL football game between the Falcons and the Chicago Bears in Atlanta, Sunday, Oct. 18, 2026. (AP Photo/Mike Stewart)
Atlanta Falcons linebacker Kendal Daniels (53) returns an interception as San Francisco 49ers running back Christian McCaffrey (23) and Trent Williams, right, give chase during the second half of an NFL football game in Atlanta, Sunday, Oct. 25, 2026. (AP Photo/Mike Stewart)
Atlanta Falcons linebacker Kendal Daniels celebrates a defensive stop during the first half of an NFL football game against the San Francisco 49ers in Atlanta, Sunday, Oct. 25, 2026. (AP Photo/Mike Stewart)
Atlanta Falcons linebacker Kendal Daniels (53) returns an interception as San Francisco 49ers offensive tackle Trent Williams, right, makes the stop during the second half of an NFL football game in Atlanta, Sunday, Oct. 25, 2026. (AP Photo/Mike Stewart)
