Appeals court sends Justice Department's bid to set aside 20,000 California ballots back to trial judge

The 9th Circuit panel ruled 2-1 that it lacked jurisdiction, with the majority calling the claimed emergency "at least in part" self-constructed, according to the order and the Los Angeles Times. The two judges in the majority wrote that they would have denied the request in any case; one judge dissented.

California Attorney General Rob Bonta and Gov. Gavin Newsom praised the decision, and the U.S. attorney's office declined to comment, the Los Angeles Times reported. More than 3 million ballots had been cast statewide. No ruling from Carter had been reported as of Tuesday afternoon.

Why it matters: The case will determine whether a federal court orders a state to change how it handles ballots one week before the Nov. 3 midterm elections.