Full Ninth Circuit puts judge's election worker order back in force
The full Ninth Circuit appeals court will rehear the Justice Department's challenge to a judge's order that limits how it can press election officials, the court's order shows. The court threw out a panel ruling from Monday that had paused the judge's order. Fox News reports the move restores the judge's limits on the department.
The full Ninth Circuit Court of Appeals will rehear a fight over a judge's order that limits how the Justice Department can press election officials. The court's order was filed on Monday. As reported earlier, District Judge Trina Thompson in San Francisco issued the judge's order last week.
“Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc,” Chief Judge Murguia wrote. “The three-judge panel order for publication filed on November 2, 2026, is vacated,” the order says. It gives no reasons.
Earlier on Monday night, a three-judge panel had paused Thompson's order at the department's request, Fox News reports. The panel said the government would likely win, since its requests and criminal probes were core executive functions, the outlet reports. Hours later, the full court stepped in. That put the limits back in place while it hears the case.
Thompson's order bars the administration from asking officials to set ballots aside under threat of prosecution, Fox News reports.
The department says it will press on. “Conducting criminal investigations is a core function of the executive branch, not the judiciary,” wrote Bill Essayli, a top federal prosecutor, before the order was restored, Fox News reports. “We will continue pursuing every available legal avenue to protect the integrity of our elections and ensure federal law is enforced,” acting Deputy Attorney General Trent McCotter wrote on X, the outlet reports.
Unions and civil rights groups brought the case, Fox News reports. They include the NAACP and the League of United Latin American Citizens. They argued that letters from federal agencies warning officials of possible criminal charges over ballots were a form of intimidation.
Separately, the Supreme Court on Monday turned down a request to make California set aside some mail ballots, Fox News reports.
What we know: The full appeals court will rehear the case, and it threw out the panel ruling that had paused the judge's order.
What we don't: When the full court will hear arguments, and whether the department will go to the Supreme Court.
Where outlets agree The Ninth Circuit's order, which Fox News describes, sends the case to the full court and throws out the panel ruling that had paused the judge's order.
Where they differ The cited reports agree on the key facts so far.