The U.S. Supreme Court has rejected the Trump administration’s last-minute attempt to prevent California from counting more than 20,000 mail-in ballots, delivering a legal setback to the president on the eve of the 2026 midterm elections.
The court issued a brief order on Monday, Nov. 2, without explaining its decision or recording any public dissent. The Justice Department had asked the justices to intervene after lower courts refused to block the ballots, which federal officials suspected had been cast by people who were not U.S. citizens.
“A welcome sight for all Americans given the disgusting and dangerous attacks on our democracy by the federal government,” California Gov. Gavin Newsom said.
“Tomorrow (Tuesday), Californians can feel secure in knowing the state will carry out a free and fair election — just as we’ve always done,” Newsom added.
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The Justice Department filed a lawsuit against California on Oct. 15, arguing that the state was preventing federal authorities from enforcing a 1996 law that makes it a criminal offense for noncitizens to vote in federal elections. The agency compiled a list of more than 20,000 registered voters it believed could be noncitizens and shared it with California and Los Angeles authorities.
A federal district judge rejected the administration’s request on Oct. 28. The San Francisco-based Ninth U.S. Circuit Court of Appeals also declined to block the ballots on Friday, citing California’s authority over election procedures and its existing safeguards.
All 435 seats in the House of Representatives are being contested, along with 35 of the Senate’s 100 seats. Voters in 36 states are also choosing governors. Republicans currently hold majorities in both chambers of Congress.
California is particularly significant because it has 52 seats in the House, more than any other state. The state is also a Democratic stronghold. Democrats need a net gain of four House seats to win a majority in the chamber.
“Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own constitutional elections procedures and bend to the will of the executive branch,” U.S. District Judge David Carter wrote.
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The outcome of the midterm elections will determine the president’s ability to advance legislation and which party controls congressional committees and investigations. A Democratic victory in either chamber could also lead to increased scrutiny of the administration’s policies.
Meanwhile, Trump has threatened to use his veto power if Democrats gain control of Congress.
“I think we’re going to do great, but if we don’t win, I veto everything. I’ll be vetoing, vetoing, then they’ll come along, and we’ll probably make some deals along the way, but it wouldn’t be as good,” Trump said in an interview with the New York Post.
At a rally in Kansas a few days ago, Trump urged voters to keep his party in control of Congress. He asked them to consider him as being on the ballot and described their votes as one last favor they could do for him.
With unexpected developments in the days leading up to the midterms, voters are heading to the polls in an election that could shape the course of Trump’s remaining two years in office.