A Little Context
Footnotes to the Absurd
On October 15, 2026, the Justice Department sued California, seeking to prevent the counting of mail ballots connected to more than 20,000 people federal agencies characterized as likely noncitizens until their citizenship could be verified. California disputes that characterization, and the voters’ eligibility had not been decided by a court.
The DOJ filed an emergency request on October 19, 2026, and refiled it on October 21, 2026. When Judge David Carter had not ruled by the department’s requested deadline on October 22, 2026, the DOJ called his silence a “constructive denial” and appealed. In other words, it asked a higher court to review a decision the lower court had not yet made.
For clarity:
- October 15: DOJ Lawsuit filed against California
- October 19: DOJ Emergency request initially filed
- October 21: DOJ Emergency request refiled
- October 22: DOJ appealed, although the district judge had not ruled