The ruling said the DOJ failed to give a lower court judge an adequate opportunity to consider the California case and therefore it would be premature for the appeals court to weigh in.

A U.S. appeals court on Monday ruled against Donald Trump’s administration in a major voting dispute ahead of the midterm elections, denying a request to block California from counting mail ballots from people on a list of more than 20,000 registered voters the federal government alleges are likely noncitizens.

The 2-1 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals marked the latest setback in Trump’s efforts to assert a greater federal role in overseeing elections in the run-up to the Nov. 3 midterms in which his fellow Republicans are fighting to retain control of Congress.

The majority decision said the Justice Department had failed to give a lower court judge an adequate opportunity to consider the case, and therefore it would be premature for the appeals court to weigh in. The lower court judge has scheduled a hearing on Tuesday in the case.

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    21 hours ago

    That would not be an accurate headline, since A) it’s an appeals court with multiple judges, and B) they only ruled that it would be inappropriate for them to step in before the lower court has had the chance to consider the case.