The Department of Justice (DOJ) filed a notice of appeal on Oct. 22 in its bid to block California from counting mail-in ballots from voters whom the federal government suspected of being noncitizens.
The DOJ asked the Ninth Circuit Court of Appeals to intervene after U.S. District Judge David Carter failed to rule on its emergency application for injunctive relief by noon Thursday, the deadline set by the department.
The department said the judge’s silence amounted to what it called a “constructive denial” of its emergency application for preliminary injunctive relief, citing the “critical and exigent nature” of the case….