Mark J. Bennett
Role at the time: Ninth Circuit judge, separate concurrence
Condemned
Statement summary
Bennett joins the order dismissing DOJ's appeal and says that, even if the court had jurisdiction, he would deny DOJ's emergency motion on the merits for several reasons.
“Even if I were to conclude we had jurisdiction over the appeal, and reach the merits, there are several reasons why I would deny the United States’s emergency motion for injunctive relief pending appeal.”
Read the original text (opens in a new tab)United States v. California, No. 26-7070: Ninth Circuit order dismissing the appealPer curiam order, parts I and II; dissent by Judge Bumatay, opening paragraphs
Why we used this label
The case's reference point is DOJ's request to set aside and verify flagged California mail ballots. Bennett says that even if the court had jurisdiction and reached the merits, there are several reasons he would deny DOJ's emergency motion, which rejects the request.