A United States appeals court has expressed doubt over the Department of Justice’s lawsuit against California, which seeks to force the state to throw out mail-in ballots it has deemed likely to go to non-citizens. Circuit Judge Mark Bennett said on Sunday that the three-judge panel would issue a decision as soon as possible, following a rare weekend oral argument. But Bennett, an appointee of Republican President Donald Trump, voiced concern that the lawsuit would not hold up to scrutiny. He pointed to the Elections Clause in the US Constitution, which allows states — not the federal government — to administer elections.
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