Mark J. Bennett
Role at the time: Ninth Circuit judge, separate concurrence
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.”
Published order of the Ninth Circuit panel granting Los Angeles County's motion to dismiss the United States' appeal for lack of jurisdiction and denying the emergency motion as moot, with concurrences by Judges Bennett and Sanchez and a dissent by Judge Bumatay. The order sets out the district court proceedings from October 15 to October 22.
Archived copy (opens in a new tab)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.