Trump makes one last attempt to get the Supreme Court to interfere with the midterms

The Trump administration is attempting one final effort to compel the Supreme Court to intervene in the upcoming midterm elections, with a focus on California. This move comes as the outcome of the 2026 midterms is not expected to be influenced by closely contested races in the state. California is a solidly Democratic-leaning state with no expected close races for statewide offices, and it recently updated its US House map to enhance Democratic representation.

On the eve of Election Day, President Donald Trump's Justice Department sought the Supreme Court's intervention to compel California to separate and set aside potentially 20,000 ballots for further review. These ballots are purportedly from individuals who are likely noncitizens, as per the Trump administration's assertions. However, the administration's claims are likely overstated, as preliminary reviews of the list have revealed that a significant portion of the names belong to U.S. citizens or individuals whose registrations have been canceled or deemed inactive.

Critics argue that the reliability of the list is highly questionable, with error rates as high as 70%. Even if the 20,000 individuals named by the Trump administration did cast votes in the midterms, it is unlikely to influence the overall election results, given California's substantial voter turnout in the 2022 midterms. Moreover, the Trump attorneys are not seeking to disenfranchise these 20,000 individuals at this stage. They are merely requesting a court order to set aside their ballots for verification purposes.

The case, known as United States v. California, is weak and lacks legal merit. The statute cited by the Trump administration only empowers the federal government to charge individuals with a misdemeanor for allegedly voting illegally, without granting federal courts the authority to order ballot segregation. Additionally, a separate federal law prohibits states from complying with the request to remove noncitizens from their voter rolls within 90 days of a federal election.

Furthermore, the timing of the Supreme Court brief submitted by the Trump lawyers is questionable, as it was filed on the eve of the election. The case also challenges the legality of altering election rules on the eve of an election. Legal experts argue that the Trump administration's arguments are without legal foundation, and the Supreme Court is unlikely to rule in favor of the administration.