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The Brief

The most important stories for you to know today
  • California is considering changes
    An outcropping topped with palm trees is seen in the distance from a camera partially submerged under an ocean wave.
    One proposal being considered is to turn all of Laguna Beach's coastal waters into a marine protected area.

    Topline:

    More than a decade after California began setting aside patches of ocean for conservation, change could be coming to its marine protected areas.

    Why it matters: The discussion comes amid escalating pressures on our ocean — from plastic pollution and offshore energy efforts to rapidly warming temperatures that have, in recent years, led to some of the worst mass dieoffs of marine life ever seen. But experts say protected areas are no silver bullet.

    Laguna Beach: Ocean advocates and recreational fishers and divers in Laguna Beach have proposed extending the marine protected area to fully encompass the city’s coast. The area is a key link for genetic dispersal of sea life between Palos Verdes and La Jolla, as well as a major draw for ocean tourism.

    Read on ... for more details on the proposals and how to get involved.

    More than a decade after California began setting aside patches of ocean for conservation, change could be coming to its marine protected areas.

    The state is considering a variety of changes to the network — a few proposals shrink those areas or remove certain protections, while most propose expanding existing protected areas or adding new ones. The levels of protection can range from a total ban on commercial fishing and certain recreational activities, to highly limited allowances. The California Department of Fish and Wildlife is in the process of reviewing more than a dozen proposals from tribes, environmental groups, the fishing industry and other stakeholders.

    The discussion comes amid escalating pressures on our ocean — from plastic pollution and offshore energy efforts to rapidly warming temperatures that have, in recent years, led to some of the worst mass dieoffs of marine life ever seen.

    So far, the department has recommended denying all 10 of the non-tribal proposals. They have yet to release their recommendations for the five remaining petitions from tribes, including a new protected area proposed by the Santa Ynez Band of Chumash Indians that would encompass about 9 square miles off the coast of Santa Barbara.

    Ultimately, the decision on whether to approve or deny the petitions lies with the five governor-appointed members of the state’s Fish and Game Commission. A decision is expected this summer.

    Some say the state isn’t being bold enough in its approach to boosting protections for marine life, while others argue the existing network is strong enough. There is agreement, however: Marine protected areas can be a powerful tool in boosting certain fisheries and building resilience to climate change.

    How to get involved in the process

    The proposals in each region will be discussed at the following upcoming public meetings:

    Del Norte County-Monterey County proposal

    • When: April 21, 8 a.m.
    • Where: San Mateo, Elks Lodge
    • Online: Join the livestream here.
    San Luis Obispo County, Santa Barbara County and Northern Channel Islands proposals

    • When: May 5 and 6, 8 a.m.
    • Where: Goleta, Hilton Garden Inn
    • Online: Join the livestream here.
    Los Angeles County, San Diego County and Catalina Island proposals

    • When: May 19, 8 a.m.
    • Where: San Clemente, Holiday Inn Express
    • Online: Join the livestream here.

    Find complete details for all of the meetings here. Find all proposals here.

      Creating underwater refuges

      California started the process of protecting areas off its coast in 1999, when the Marine Life Protection Act was signed into law. That kickstarted the process of establishing an interconnected network of marine protected areas off the state’s coast.

      But the process to get that done was a long and arduous one, slowed by competing interests and political infighting. It wasn’t until 2012 that the state completed the existing coastal network of more than 120 underwater refuges.

      That network provides protections from fishing and other activities for a little over 16% of California’s coast. By 2030, the state’s goal, codified by an executive order from Gov. Gavin Newsom in 2020, is to protect 30% of its lands and waters by 2030.

      The science of marine protected areas

      Marine protected areas have improved the health of underwater ecosystems.

      A state review of its network, released in 2023, found that marine protected areas were largely working — supporting larger, healthier and more abundant populations of many species, as well as creating a “spillover effect” that boosts certain lucrative fisheries, such as lobster, outside the bounds of the protected area. For example, a 2021 study found that a 35% reduction in fishing area due to protected area designation off the Channel Islands resulted in a 225% increase in total lobster catch after just six years.

      Marine protected areas have also been found to improve resilience for some species in the face of climate change, as the ocean absorbs nearly one-third of the carbon pollution in our atmosphere and about 90% of the excess heat that that pollution would otherwise generate.

      Researcher Kyle Cavanaugh and his team at UCLA analyzed satellite data of kelp forests off the California coast in the decades before and after the establishment of the state’s protected areas, focusing on the changes after a severe marine heat wave between 2014 and 2016.

      “Marine protected areas recovered more quickly, more strongly compared to the non-protected areas in Southern California,” Cavanaugh said.

      A red black and white sheephead fish in kelp.
      Sheephead fish are natural predators of sea urchins that can destroy kelp forests.
      (
      Courtesy Laguna Beach Bluebelt Coalition
      )

      He said that’s likely because these areas protect predators of sea urchins, which graze on kelp and can destroy entire forests if left unchecked. Their predators, such as sheephead fish and lobster, are found in Southern California’s waters.

      But the story was a little different in Northern California. Cavanaugh’s team found that marine protected areas didn’t have the same rebound effect for kelp forests there, likely because sea urchin predators up north are sea otters and sea stars.

      “Sea otters are protected [by the state] anyway, and sea stars basically have been wiped out across California due to sea star wasting disease,” Cavanaugh said. That disease led to a proliferation of urchins up north, and a dieoff of around 85% of the kelp forest in just the last 10 years.

      A seal swimming among kelp in blue water.
      A seal swims in a marine protected area off Laguna Beach.
      (
      Alex Cowdell
      /
      Courtesy Laguna Beach Bluebelt Coalition
      )

      Though more conservation is likely necessary (and increasingly complicated as climate change shifts ecosystems), a blanket approach to protected areas is not a silver bullet, Cavanaugh said.

      “ There's different things going on in different locations, and there's not going to be a one size fits all approach at all,” he said. “We might lose kelp in certain areas in a warming world, and so figuring out which patches might be more resilient to temperatures and protecting those is important.”

      Understanding the specific challenges to kelp forest growth or decline in varying regions is key, Cavanaugh emphasized. At the same time, California’s marine protected area network is still young (compare a little over a decade of protections to the more than 150 for many of our national parks), and there’s much to learn about the role they play in boosting the health of our ocean overall.

      “These are baby protected areas, and that means we're still learning how they function,” said Douglas McCauley, an ecologist at UC Santa Barbara. “That also means that we're still beginning to see how they mature and the benefits that they can create over time.”

      Competing interests, shared connection to the ocean

      For Chris Voss, that specificity around the gains of certain marine protected areas is key.

      Voss is a lifelong commercial fisherman and president of the nonprofit Commercial Fishermen of Santa Barbara. He said marine protected areas have been a boon for some industries, such as lobster, but not all, such as urchin fishers.

      He argues that the existing network is strong, and that more regulations will harm the fishing industry, which has been declining over the past two decades. He’s particularly concerned about the proposals to expand or add entirely new marine protected areas.

       ”We are all small, independent businessmen with families and kids and a desire to scratch out a living from the ocean, but also produce a high quality food product in a sustainable way from the marine environment,” Voss said.

      His group, along with the Pacific Coast Federation of Fishermen’s Associations and a handful of recreational fishing groups, want state commissioners to deny the proposals.

      “They didn't put the initial network on low-value real estate in the ocean. They put it on a very high-value real estate in the ocean,” Voss said. “The fishing community has adapted.”

      A wide look at a group of gray and white seagulls in mid-flight as they're approach a fishing boat. In the background is open ocean water and in the foreground is colorful gear on the boat.
      Seagulls gather near a fishing boat in Northern California.
      (
      Brian van der Brug
      /
      Los Angeles Times via Getty Images
      )

      He pointed to multiplying pressures on the industry, such as expanded offshore wind and oil drilling (the group opposes both) and aquaculture efforts, as well as the science that not every marine protected area benefits marine life in the same way.

      Voss said urchin fishers, for example, could help reduce kelp-eating urchin overpopulation in some areas. Such efforts have yet to scale, and urchins in kelp-barren areas are not very lucrative, though some researchers say urchin fishing as a management tool before kelp forest collapse could be a potential avenue.

      “There’s nuance that we should embrace,” Voss said. “We need to think with and understand the complexity of the different fisheries and their impacts, and then make decisions with a more complete understanding so that we can get win-win situations.”

      A blue belt off Laguna Beach

      Ocean advocates and recreational fishers and divers in Laguna Beach have proposed to extend the marine protected area to fully encompass the city’s coast. The area is a key link for genetic dispersal of sea life between Palos Verdes and La Jolla, as well as a major draw for ocean tourism.

      “Marine life within the marine protected areas of Laguna Beach are really thriving, but as soon as you move past the boundary, there's less sea life,” said Mike Beanan with the nonprofit Laguna Bluebelt Coalition. “The kelp forests that were in South Laguna are gone.”

      A recent survey commissioned by the Laguna Bluebelt Coalition and Orange County Coastkeeper brought United Nations-approved underwater survey group Reef Check to Laguna Beach, where they found only female sheephead outside of the bounds of the protected areas and a proliferation of kelp-eating urchins. Female sheephead don’t eat urchins like their male counterparts (all sheephead are born female, then turn into males as they age and grow, which can take decades). Sheephead are targeted by spearfishers and commercial fishing in the area.

      “Without sheephead, the sea urchins take over and eat the base of the kelp forest, and then the kelp forest goes away,” said Beanan.  

      “For centuries,” he added, “we thought the ocean was an inexhaustible source of food, and now we're finding out that that really isn't the case.”

      Two young children with light skin play in a tidepool on a sunny day under blue skies.
      Tidepools in Laguna Beach.
      (
      Mike Stice
      /
      Courtesy Laguna Beach Bluebelt Coalition
      )

      A lifelong diver who grew up in a working class household and often fished for food off the Orange County coast, Beanan said he’d hoped the petition process would finally lead to full protections, but the Department of Fish and Wildlife has recommended denial of the proposal to protect all of the Laguna Beach coastline.

      Local fishing businesses have opposed the expansion. Beanan and his Orange County Coastkeeper counterpart, Ray Hiemstra (who is also a recreational fisher) both said they understand the concerns about expanding protections from local fishing businesses.

      “There's going to have to be a sacrifice, and I don't want to belittle the impact on the commercial fishers,” Hiemstra said. “But I think this is a small, incremental, necessary step, and this is the time and the process where we're able to take action on that.”

    • How you can help stop the waste
      Two people sort through donated costumes at an outdoor Halloween swap, next to a cardboard box labeled “The Ultimate Halloween Swap!”
      People gather at a Halloween costume swap at Occidental College in Los Angeles, Friday, Oct. 16, 2026

      Topline:

      Every Halloween, costumes get their big moment. But every year, millions end up in a landfill after a single use, and many are made from synthetic plastics that don’t easily break down, contributing to environmental pollution. In Southern California and across the country, Halloween costume swaps and thrift stores are keeping costumes from going to waste. People can donate clean costumes and pick a new one, reducing waste and the resources and emissions required to make new ones.

      Why now: This year, the National Retail Federation estimates Americans will spend some $4.4 billion on Halloween costumes. In 2018 alone, they discarded about 11.3 million tons (10.25 million metric tons) of textiles, according to the Environmental Protection Agency. When shopping sustainably, experts say, keep three principles in mind: Reduce. Reuse. Recycle.

      The backstory: Clothing accounts for 4% to 10% of global carbon emissions, she said, while textile dyeing contributes about 20% of wastewater emissions from industrial sources worldwide. Synthetic fibers used in clothing, including many costumes, can shed microplastics during washing and end up in water sources, she said. Microplastics have been found in the ocean, air, food and water, as well as a range of human tissues. Growing evidence suggests they can pose risks to human health. Many of these materials are made from oil, which emits pollutants when burned, driving climate change and fueling extreme weather.

      Braddock Sandoval perused tables with wigs, a Darth Vader mask, a black tutu and other items and garments on an unusually sizzling day in Los Angeles. He found a Hawaiian flower necklace and a shark costume and tried them on.

      The chemistry professor at Occidental College heard about a campus swap where he could pick out a free Halloween costume with the goal of keeping it from being thrown away. Curious and in need of one, he swung by to see what he could find.

      “I think there’s too much cheap plastic waste in this world. So the idea that people are recycling costumes is fantastic, both for budgets, like me, but also just for the planet,” Sandoval said with a laugh. He planned to attend a Halloween dance party dressed as a great white shark eating a tourist — a costume inspired by the freebies he found at the swap.

      Every Halloween, costumes get their big moment. But every year, millions end up in a landfill after a single use, and many are made from synthetic plastics that don’t easily break down, contributing to environmental pollution. In Southern California and across the country, Halloween costume swaps and thrift stores are keeping costumes from going to waste. People can donate clean costumes and pick a new one, reducing waste and the resources and emissions required to make new ones.

      This year, the National Retail Federation estimates Americans will spend some $4.4 billion on Halloween costumes. In 2018 alone, they discarded about 11.3 million tons (10.25 million metric tons) of textiles, according to the Environmental Protection Agency. When shopping sustainably, experts say, keep three principles in mind: Reduce. Reuse. Recycle.

      Shelie Miller, a University of Michigan professor who studies the environmental impacts of products, said Halloween costumes, like fast fashion, are often made cheaply from plastic materials. They tend to fall apart, she said, and are “not really intended to stick around for a very long time.”

      And there are other environmental impacts.

      Clothing accounts for 4% to 10% of global carbon emissions, she said, while textile dyeing contributes about 20% of wastewater emissions from industrial sources worldwide.

      Synthetic fibers used in clothing, including many costumes, can shed microplastics during washing and end up in water sources, she said. Microplastics have been found in the ocean, air, food and water, as well as a range of human tissues. Growing evidence suggests they can pose risks to human health. Many of these materials are made from oil, which emits pollutants when burned, driving climate change and fueling extreme weather.

      “The process of making these, the Halloween costumes, it’s incredible,” said Zack Bowersox, a senior lecturer in political science at Washington University in St. Louis who teaches a class on fast fashion and the environment.

      Rather than being stitched together, costumes are often heat bonded, with the plastic melted at the edges to join pieces. “After the season, they’re not meant to even be thrifted or returned, they’re just meant to be thrown away. And that’s where most of them end up, it’s in the landfill. Something like 80% of those suits end up in the landfill,” Bowersox said.

      Miller said there are many ways to enjoy Halloween without buying a one-off costume.

      “Whenever we buy anything, we’re not just buying the one thing, we’re buying all of the environmental impacts of everything that went into making that product,” Miller said. “So whenever we’re using any sort of single-use product, whether we’re talking about single-use plastic or single-use costumes, we really have to be thinking about is this really how we want to spend our time, money, resources, and is there a better way?”

      A person in a white and gray shark costume raises both hands and makes a startled face on a sunlit patio.
      Braddock Sandoval, a chemistry professor at Occidental College, poses for photos with a costume he picked out during a Halloween costume swap on the campus in Los Angeles, Friday, Oct. 16, 2026
      (
      Jae C. Hong
      /
      Associated Press
      )

      How one fashion lover launched a Halloween costume swap

      Sustainable fashion advocate Lexy Silverstein founded the Ultimate Halloween Swap last year after realizing how much money and material went into a costume that might be worn only a few hours before being dumped.

      As an avid Halloween fan who loves donning costumes, she was forced to reflect on her own consumption and waste.

      “That’s a lot of costumes that I’m buying and wearing once and getting rid of,” she told herself. And she began thinking of other seasons that encourage people to buy new things, like back-to-school time.

      Last year, the swap collected hundreds of costume donations, including 10 boxes from the LA Clippers basketball team. It was such a success that she decided to do it again and has since expanded across Southern California, including at Occidental College where Sandoval found his shark suit.

      Now, Silverstein is hoping to organize swaps for back-to-school, prom season, winter coats and other high-consumption, single-use times of year.

      Washington University in St. Louis has its own version going. Its thrift store is stocked with clothes and items collected during student move-outs when many items get left behind, including Halloween costumes and accessories. For the second year, it organized an on-campus pop-up where the campus community could buy used Halloween costumes for a low price.

      Cassie Hage, the university’s assistant director at the Office of Sustainability, said this year’s selections included Austin Powers and kiwi outfits, a demon from the hit TV show “Stranger Things” and matching platypus onesies that delighted a group of friends who stumbled upon them.

      “They were kind of dancing around” in them, she said. “That was just a really fun moment to watch.”

      How to reduce, reuse, recycle

      Thrifting, attending clothing swaps and raiding friends’ and family members’ closets are all ways to avoid buying new costumes. You can assemble a Halloween costume from clothes and accessories you or a friend already own, or modify existing pieces to create a new look.

      Silverstein also suggests renting costumes by looking through websites like Facebook Marketplace, Depop and Poshmark.

      If you have to buy something, Bowersox suggests buying costumes or accessories made of plant-based materials such as cotton or linen. Licensed products can cost more, he said, but can offer greater transparency over how and where they’re made.

      Alison Linder, assistant sustainability coordinator at Occidental College, which has a thrift store of its own with Halloween costumes in stock, encouraged people to organize their own swaps with neighbors, friends or school classmates.

      “It’s just as easy as asking your friends for a loan and offering to share what you have,” she said. “And just by doing that simple thing, you save money and you’re helping the environment.”

      The Associated Press receives support from the Walton Family Foundation for coverage of water and environmental policy. The AP is solely responsible for all content. For all of AP’s environmental coverage, visit https://apnews.com/hub/climate-and-environment

    • Sponsored message
    • 6 citizens, including a professor, file suit
      President Trump speaks to reporters after arriving on Air Force One, Friday, at Palm Beach International Airport in West Palm Beach, Fla.

      Topline:

      A lawsuit filed Monday on behalf of six such citizens — essentially representing the wider public audience — argues that it’s not only the rights of news organizations that are violated when Trump bans them from White House premises. The lawsuit argues, such bans violate the public’s right to independent reporting about its president and government.

      Why it matters: The six plaintiffs are all people who say they rely on independent and diverse White House reporting for their teaching, journalism or advocacy. They include a noted human rights advocate, a political journalist, a Yale history professor, a high school civics teacher, a legal journalist, and a student journalist at the University of Pennsylvania. The complaint filed Monday recounts how various news organizations that have been targeted by Trump are already battling the administration in the courts. These cases include the current lawsuit by CNN, MS NOW and Politico, whose journalists were banished from the White House in September.

      The administration's response: The Trump administration, asked for comment on the lawsuit, responded in a statement that it attributed to an unidentified White House official: “No person may demand access to the Oval Office.” It said media that peddle “misinformation and defamation are completely capable of reporting their manufactured stories from directly outside.”

      What's next: A federal judge recently extended an order preventing the White House from enforcing the ban while the case makes its way through the legal system. Still affected, though, is CNN’s pool coverage of Trump. The White House has been denying the network its usual slots in the video pool covering the president’s activities and travel, and CNN has threatened further action.

      In the increasingly bitter legal standoff between President Donald Trump and media outlets whose reporting he dislikes, a new and crucial third party has emerged: citizens who watch and read the news and need it to do their jobs.

      A lawsuit filed Monday on behalf of six such citizens — essentially representing the wider public audience — argues that it’s not only the rights of news organizations that are violated when Trump bans them from White House premises. Even more fundamentally, the lawsuit argues, such bans violate the public’s right to independent reporting about its president and government.

      “The ultimate injury here … is to the democratic public,” says the suit, filed in federal district court in New York against Trump and three key aides, including the White House chief of staff, Susie Wiles.

      “The First Amendment protects the public’s right to know what its government is doing,” said Katie Fallow, deputy litigation director at the Knight First Amendment Institute, which filed the lawsuit on behalf of the plaintiffs, along with the Media Freedom & Information Access Clinic at Yale Law School.

      “The White House cannot decide what information Americans receive by punishing critical reporting,” Fallow said in a statement. “When the White House expels reporters because of their coverage and threatens others with expulsion, it isn’t just the press that suffers — the public loses access to independent reporting and gets something closer to government propaganda.”

      The Trump administration, asked for comment on the lawsuit, responded in a statement that it attributed to an unidentified White House official: “No person may demand access to the Oval Office.” It said media that peddle “misinformation and defamation are completely capable of reporting their manufactured stories from directly outside.”

      The plaintiffs all rely on White House news for their work

      The six plaintiffs are all people who say they rely on independent and diverse White House reporting for their teaching, journalism or advocacy. They include a noted human rights advocate, a political journalist, a Yale history professor, a high school civics teacher, a legal journalist, and a student journalist at the University of Pennsylvania.

      The complaint filed Monday recounts how various news organizations that have been targeted by Trump are already battling the administration in the courts. These cases include the current lawsuit by CNN, MS NOW and Politico, whose journalists were banished from the White House in September.

      A federal judge recently extended an order preventing the White House from enforcing the ban while the case makes its way through the legal system. Still affected, though, is CNN’s pool coverage of Trump. The White House has been denying the network its usual slots in the video pool covering the president’s activities and travel, and CNN has threatened further action.

      Also continuing is the legal case involving The Associated Press, whose reporters were barred last year from the Oval Office, Air Force One and some events in retaliation for the outlet’s decision not to follow Trump’s lead in changing the name of the Gulf of Mexico, which lies partially in Mexican and other waters, to the Gulf of America.

      The New York Times is also involved in litigation, over a Pentagon policy requiring escorts for journalists on its grounds. And ABC is fighting back against the Trump administration in a dispute over renewal of its broadcast licenses.

      This lawsuit seeks more wide-ranging relief

      The new lawsuit filed Monday, though, is different from previous legal action against the president — first, in that the plaintiffs are ordinary citizens, shifting the focus from news gatherers to news consumers, and thus implying a much larger pool of stakeholders. In addition, it seeks more wide-ranging relief.

      The suit, which names Trump as defendant along with Wiles, White House Communications Director Steven Cheung, and Secret Service Director Sean M. Curran, calls not merely for reinstatement of access that has already been impacted, but for a broad injunction that would protect from retaliation every news outlet that covers the White House —- now, and in the future.

      “Defendants’ policy of restricting the access of disfavored news organizations deprives the public of the reporting of those organizations,” the complaint says. It also “inevitably deprives them of the independent reporting of other news organizations as well, since every journalist who reports from the White House must now account for the possibility that a critical or ill-advised word about the president may result in their access being summarily restricted or revoked.”

      “Plaintiffs ... seek a declaration that the policy is unconstitutional because it imposes restrictions on a limited public forum that are viewpoint-based and unreasonable,” the complaint adds. “They also seek an injunction barring defendants from enforcing the policy.”

      Plaintiffs include a human rights advocate, a teacher and a student journalist

      The plaintiffs are:

      —Kenneth Roth, former longtime executive director of Human Rights Watch and a lecturer at Yale’s law school and school of global affairs. Roth “relies on newsgathering and reporting from members of the White House press corps to inform his public writing and commentary,” the suit says.

      —Daniel Froomkin, media and political journalist and editor of Press Watch, a nonprofit that encourages political journalists to “fulfill their essential mission of creating an informed electorate and holding the powerful accountable.”

      —Beverly Gage, Pulitzer Prize-winning historian and professor at Yale University who “relies on newsgathering and reporting from the White House press corps to inform her scholarship, public writing and commentary.”

      —Peter Schmidt-Nowara, a social studies teacher at a New York City high school, who teaches civics courses and considers White House reporting “essential to his work as an educator.”

      —Benjamin Wittes, editor-in-chief of Lawfare and a senior fellow at the Brookings Institution, whose publication is “especially reliant on the White House press corps to provide accurate and timely coverage of the president.”

      —Ethan Young, a student at the University of Pennsylvania and editor-in-chief of The Daily Pennsylvanian, who, as a student journalist, “relies on a diverse, independent and trustworthy cohort of White House reporters to serve as his proxy.”

      Schmidt-Nowara, who teaches at Brooklyn Technical High School, is quoted in the lawsuit as saying: “As a social studies teacher, I want my students to have access to accurate, independent reporting about their government.” He adds he is “gravely concerned that the Trump administration’s restrictions on White House reporters are cutting off access to crucial information.

      “I joined this lawsuit because my students deserve to know what’s happening in their government and to hear from a free and independent press,” he says.

      Young, the student journalist, contends that since he can’t personally access White House press spaces, he relies on “a diverse, independent and trustworthy cohort” of White House reporters to serve as his proxy.

      The effect of federal policy changes has been “acutely felt on college campuses, Penn’s included,” Young is quoted as saying. “As a student journalist, I rely on reporting from the White House press corps to understand the decisions made in Washington, their consequences, and how they impact my college community. A vibrant free press allows me to do just that.”

    • DOJ wants thousands of mail ballots set aside
      Empty podium bearing the Department of Justice seal, in front of a U.S. flag, a Department of Justice flag and a Department of Justice plaque on a navy curtain.
      The U.S. Department of Justice logo is seen on a podium before a press conference, May 6, 2025, at the Justice Department in Washington.

      Topline:

      A panel of federal appellate judges on Sunday questioned the timing, constitutionality and authority of the Justice Department’s demand that California election officials set aside thousands of mail ballots from people the federal government suspects may not be citizens.

      What was said in court: Judge Gabriel Sanchez, appointed by former President Joe Biden, questioned whether the federal government was violating the Tenth Amendment, essentially commandeering the state to enforce a federal law that makes it a misdemeanor for a noncitizen to vote. Attorney Seth Waxman, representing Los Angeles County Clerk Dean Logan, said the federal government’s list was unreliable and that segregating the ballots for a review process would effectively disenfranchise thousands of eligible voters.

      The backstory: The administration asked a federal judge to require the state to withhold counting those ballots until the voters’ immigration status could be verified. The district judge scheduled a hearing for Oct. 27, days after the case was assigned, but the federal government appealed to the 9th Circuit Court of Appeals, seeking an expedited decision. The Trump administration has made efforts to identify noncitizen voters a priority this year, even though noncitizen voting is exceptionally rare.

      A panel of federal appellate judges on Sunday questioned the timing, constitutionality and authority of the Justice Department’s demand that California election officials set aside thousands of mail ballots from people the federal government suspects may not be citizens.

      During rare weekend arguments, two of the three judges on the 9th U.S. Circuit Court of Appeals appeared skeptical of a lawsuit brought by President Donald Trump’s administration in mid-October. The lawsuit accuses California officials of failing to meet a 48-hour deadline to review 20,000 names the administration flagged as likely noncitizens on the state’s voter rolls.

      The administration asked a federal judge to require the state to withhold counting those ballots until the voters’ immigration status could be verified. The district judge scheduled a hearing for Oct. 27, days after the case was assigned, but the federal government appealed to the 9th Circuit Court of Appeals, seeking an expedited decision.

      Justice Department attorney Matthew Donnelly told the panel that California is causing irreparable harm “by allowing noncitizens to vote in violation of their own state laws. The damage is irreversible and irrevocable.”

      The Trump administration has made efforts to identify noncitizen voters a priority this year, even though noncitizen voting is exceptionally rare.

      Circuit Judge Mark Bennett, a Trump appointee, questioned whether the appellate court even has jurisdiction to hear the case even before a ruling by the lower court.

      Donnelly argued that the schedule set by the lower court judge was too slow and effectively a denial of the government’s request, as state elections officials process thousands of mail ballots every day.

      Judge Gabriel Sanchez, appointed by former President Joe Biden, questioned whether the federal government was violating the Tenth Amendment, essentially commandeering the state to enforce a federal law that makes it a misdemeanor for a noncitizen to vote.

      The federal government is simply asking California to enforce its own law, which also bans noncitizens from voting, Donnelly said. He argued the state’s refusal to comply with the federal request to set aside the ballots for review was “frustrating the purpose” of the federal law against noncitizen voting.

      The Elections Clause of the U.S. Constitution gives state legislatures the power to set the time, place and manner of congressional elections, Bennett said. The executive branch may be “unhappy with what they’re doing, and doesn’t like the manner,” Bennett said, but under the Election Clause the state has the right to determine those issues — including how it sorts out any noncitizen voters.

      Attorney Seth Waxman, representing Los Angeles County Clerk Dean Logan, said the federal government’s list was unreliable and that segregating the ballots for a review process would effectively disenfranchise thousands of eligible voters.

      Even if election staffers spent just three minutes checking each of the expected 2.75 million mail ballots against the government’s list, the process would take 140,000 man-hours, Waxman said — or about 16 years of working time.

      Waxman cited a review of 200 records from the Trump administration’s list conducted by Los Angeles County staffers. Assistant Registrar-Recorder Monica Flores said in a court filing that the sample included canceled or inactive registrations, individuals with no voting history and voters who appeared to have been born in the United States, which the filing notes “is strong evidence of citizenship.”

      If the administration disagrees with how California runs its elections, it can ask Congress to change that process, said attorney Sam Siegel, representing California Secretary of State Shirley Weber.

      The federal government has provided no credible evidence to support its suspicions, said Siegel.

      “It has no basis in law or in fact,” he told the panel. “We just dispute the premise that noncitizens are voting.”

      But Judge Patrick Bumatay, who was appointed by Trump, said everyone has an interest in ensuring that only eligible citizens vote. He suggested that granting the administration’s request for an emergency order could provide clarity.

      “Without an injunction, you will never know” if that is happening, Bumatay told Siegel.

      Bennett said the panel would try to issue a ruling as quickly as possible.

    • Dems and watchdog groups sending out groups
      A person with brown-toned skin, seen from behind and out of focus, stands in front of wall posters listing polling place rules from Fulton Votes.
      A man walks inside the The High Museum of Art voting center on the first day for early voting in Georgia, Tuesday, Oct. 13, 2026, in Atlanta

      Topline:

      Democrats and outside watchdogs are planning a massive presence at the polls on Election Day driven by concerns that President Donald Trump will further leverage the vast resources of the federal government to interfere with a midterm that could hobble his final two years in office.

      Why now: The effort among Democratic and nonprofit groups includes training volunteers to stand watch outside polling places and report activities they consider concerning. The network includes traditional government watchdogs such as Common Cause and the American Civil Liberties Union plus a flood of volunteers assembled by state Democratic parties, congressional leaders, national activist groups and organizations focused on protecting democracy.

      The backstory: A sprawling election protection effort on the left that is expected to deploy tens of thousands of monitors will be met by the largest-ever monitoring program by the Justice Department and still more observers from Republican-aligned groups. The result could be unlike anything seen at the polls in modern times.

      Democrats and outside watchdogs are planning a massive presence at the polls on Election Day driven by concerns that President Donald Trump will further leverage the vast resources of the federal government to interfere with a midterm that could hobble his final two years in office.

      They won’t be the only ones there. A sprawling election protection effort on the left that is expected to deploy tens of thousands of monitors will be met by the largest-ever monitoring program by the Justice Department and still more observers from Republican-aligned groups. The result could be unlike anything seen at the polls in modern times.

      The effort among Democratic and nonprofit groups includes training volunteers to stand watch outside polling places and report activities they consider concerning. The network includes traditional government watchdogs such as Common Cause and the American Civil Liberties Union plus a flood of volunteers assembled by state Democratic parties, congressional leaders, national activist groups and organizations focused on protecting democracy.

      The Democratic National Committee’s Association of State Democratic Committees created a first-of-its-kind cybersecurity unit staffed by former CIA and FBI officials to monitor and report online misinformation, including artificial intelligence deepfakes, said Jane Kleeb, vice chair of the DNC.

      That’s as Democratic mayors, attorneys general and secretaries of state host tabletop exercises simulating worst-case scenarios, such as a surge of Immigration and Customs Enforcement officials at voting locations or the seizure of ballots and voting equipment.

      On Capitol Hill, Democratic leaders have assembled a legal team that rivals that of any presidential campaign.

      “We’ve never done this before,” Kleeb said of the party’s sweeping efforts. But “we’ve never had to deal with the president of the United States saying that he may seize ballots, put ICE agents outside polling locations and other kinds of very clear direct threats to the voting process.”

      The Department of Justice has already filed lawsuits in California and Alaska that could affect ballot counting or certification.

      While Trump continues to make baseless allegations of cheating in the election, administration and military officials have said they have no plans to deploy immigration agents or troops to polling sites.

      White House spokeswoman Lauren Bis blamed “radical Democrats” for creating fears about election security by refusing to enact voter ID requirements and other Republican-backed measures.

      “President Trump has done more than any other president to ensure we have free and fair elections,” Bis said.

      Tens of thousands of volunteers trained to observe

      State Democratic parties have trained an estimated 10,000 volunteers to observe polling places and report anything potentially concerning they might see from federal agents. Common Cause has trained roughly 16,000 more volunteers to stand watch at voting precincts, said Suzanne Almeida, vice president of states for the group

      She said a broader Election Protection coalition involving 300 other groups has trained tens of thousands more.

      Smaller pockets of volunteers from other groups also are preparing to show up, including roughly 100 organized by Senate Democrats and hundreds more from a Democratic-allied group called Save America, which is training clergy members, veterans, teachers and other local community members. National groups such as Indivisible and MoveOn are activating their own expansive networks.

      There are so many organizations working to protect the voting process — including many that cannot legally coordinate with each other — that some officials involved worry about unintentionally creating chaos outside polling locations.

      Almeida said Election Day confusion is possible in some precincts but the nature of the threat requires a collective effort.

      “It will actually take all of us if some of the threats we are most worried about come to pass,” she said.

      Trump administration sends its own team

      Harmeet Dhillon, a Trump appointee who leads the Justice Department’s Civil Rights Division, was asked on CBS’ “60 Minutes” whether the Republican administration is planning to send ICE agents to polling places.

      “There is no plan to do that,” she responded.

      Still, the Justice Department is planning its largest-ever election monitoring effort, with about 1,000 department staff expected to observe voting and ensure federal laws are being followed, spokesperson Kiersten Pels said. That comes after a primary season in which the department said it deployed more than 100 election monitors across hundreds of polling locations.

      At least one of those placements sparked tensions with local officials. Wyoming Gov. Mark Gordon, a Republican, said the behavior of two monitors during that state’s primary was “a bit aggressive” and “irregular.” A Laramie County clerk said the Justice Department monitors arrived at the polls intending to interview voters, but her office didn’t allow it.

      The department disagrees that the monitors did anything improper, Pels said. She added that the monitors are trained to comply with federal law governing conduct at polling places and won’t “interfere with the voting process.”

      Democratic lawmakers and voting rights advocates have raised concerns that the Trump administration’s monitors could intimidate voters or abandon the duty they’ve had for decades to protect against civil rights violations.

      The department plans to send them to every state, focusing on high-population areas, jurisdictions that have had problems in the past and districts with close elections, according to a senior department official who briefed reporters on the condition of anonymity under terms set by the department.

      The Republican National Committee said its operation involves deploying “election integrity deputy state directors” in 22 states, among them Arizona, Michigan, Georgia and North Carolina.

      Those workers are the “eyes and the ears of the RNC in the field” who recruit volunteers and organize trainings, said Ally Triolo, the RNC’s election integrity communications director. Their mission is to surface anything that seems unlawful.

      At the same time, the RNC has enlisted nearly 22,000 poll workers and is recruiting poll-watching volunteers for competitive districts. The poll watchers will “observe the process and help ensure election rules are followed in accordance with the law,” Triolo said.

      Local election officials prepare for increased attention

      While federal monitors have quietly observed elections for decades, largely without incident, some election officials are taking precautions.

      Chris Swope, the city clerk in Lansing, Michigan, said he preemptively contacted law enforcement and his attorney in case federal monitors violate election law, although he expects them to abide by the rules.

      The Democratic Mayors Association issued guidance to local Democratic officials with detailed instructions about what to do if federal agents appear at polling locations.

      It notes that federal law prohibits the presence of federal immigration agents, the FBI or other investigative personnel. It also issued a reminder that federal agents are not allowed to be armed at the polls, nor are they allowed to interact with voters or handle ballots or election equipment.

      Justice Department officials have said their monitors won’t be armed and will not interfere with voting. Asked about department monitors being sent to Georgia, Trump told a reporter recently: “They’re not going to do anything other than watch.”

      Some of the poll observations have already begun. Mary Corcoran, Save America’s executive director, said her group’s volunteers have been monitoring precincts during early voting in Georgia, Michigan, North Carolina and Ohio to help give voters a sense of security.

      “The fear is the point, and we must do something about it,” she said. “Left unanswered, fear does the work of keeping people home without a single agent setting foot at a polling place.”

      — Associated Press writers Jacqueline GaNun in Lansing, Mich., Mary Clare Jalonick in Washington and Jessica Hill in Las Vegas contributed to this report.