On the record · Updated October 28, 2026

Mark Bennett quotes

9th Circuit judge, concurring

2 things Mark Bennett said, verbatim, from October 27, 2026 to October 28, 2026, each linked to where it ran. Grouped by the questions at issue, with who supported, disputed, or qualified each one.

2stories

2statements

Oct 28latest entry

A federal court should order California to set aside about 20,000 mail ballots the Justice Department says come from likely noncitizens.

Disputes Oct 28

“California can still (and in fact, it must) craft its own procedures governing Congressional elections and ballot challenges in those elections”

CNN Trump says he will accept the midterm results if they are honest elections ›

Others on this question

Matthew Donnelly Justice Department attorney Supports

“by allowing noncitizens to vote in violation of their own state laws. The damage is irreversible and irrevocable.”

Patrick Bumatay 9th Circuit judge, dissenting Supports

“The question—does the federal government have the power to stop this potential attack on the integrity of our elections? Under both federal law and the Constitution, the answer must be ‘yes,’”

The federal government has the legal power to force California to set aside ballots from registrants it suspects are noncitizens.

Disputes Oct 27

he would have ruled against the Justice Department on the merits of the case.

CNN Appeals court rejects Trump's bid to set aside 20,000 California mail ballots ›

Others on this question

Gabriel Sanchez 9th Circuit judge, concurring Disputes

“the United States asks the federal court to dictate to a state legislature a matter squarely within the state’s traditional domain, upending the state’s policies in this regard and inviting disorder and confusion for voters and election officials alike”

Rob Bonta California attorney general Disputes

“The U.S. Constitution gives states and Congress, not the President or the Executive Branch, the power to determine the time, place, and manner of elections”

Patrick Bumatay 9th Circuit judge, dissenting Supports

Bumatay argued that the federal government must be allowed to stop noncitizens from voting.

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