Mark Bennett

“It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause,”

Mark Bennett · said 2026-10-26 · reported 2026-10-26

Judge Bennett, a Trump appointee, questioned whether the administration's requested injunction could be reconciled with the Constitution's Elections Clause during a Ninth Circuit hearing on the DOJ's emergency request regarding California mail-in ballots.

“How can we do that?”

Mark Bennett · said 2026-10-26 · reported 2026-10-26

Judge Bennett posed this follow-up question to Justice Department attorney Matthew Donnelly during oral arguments on the DOJ's emergency request to set aside roughly 20,000 California mail-in ballots.