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The Brief

The most important stories for you to know today
  • They are as vulnerable to addiction as anyone
    A woman with a bob haircut and pale skin smiles as she is sitting on a beige cushion chair. She is wearing a hot pink dress with a pearl necklace.
    Ariella Morrow, a Los Angeles-area internist, fell into a deep depression and started drinking heavily after a succession of family traumas and a major professional setback. She finally sought help for alcohol dependence and depression at a clinic in Texas.

    Topline:

    The Medical Board of California, which licenses MDs, is developing a program to evaluate, treat, and monitor doctors with alcohol and drug problems. But there is sharp disagreement over whether those who might volunteer for the program should be subject to public disclosure and over how much participants should pay.

    Why it matters: Doctors are as vulnerable to addiction as anyone else. People who work to help rehabilitate physicians say the rate of substance use disorders among them is at least as high as the rate for the general public, which the federal Substance Abuse and Mental Health Services Administration put at 17.3% in a Nov. 13 report.

    Physician privacy vs patient protection: Patient advocates note that the medical board’s primary mission is “to protect healthcare consumers and prevent harm,” which they say trumps physician privacy.

    Ariella Morrow, an internal medicine doctor, gradually slid from healthy self-esteem and professional success into the depths of depression.

    Beginning in 2015, she suffered a string of personal troubles, including a shattering family trauma, marital strife, and a major professional setback. At first, sheer grit and determination kept her going, but eventually she was unable to keep her troubles at bay and took refuge in heavy drinking. By late 2020, Morrow could barely get out of bed and didn’t shower or brush her teeth for weeks on end. She was up to two bottles of wine a day, alternating it with Scotch whisky.

    Sitting in her well-appointed home on a recent autumn afternoon, adorned in a bright lavender dress, matching lipstick, and a large pearl necklace, Morrow traced the arc of her surrender to alcohol: “I’m not going to drink before 5 p.m. I’m not going to drink before 2. I’m not going to drink while the kids are home. And then, it was 10 o’clock, 9 o’clock, wake up and drink.”

    As addiction and overdose deaths command headlines across the nation, the Medical Board of California, which licenses MDs, is developing a new program to treat and monitor doctors with alcohol and drug problems. But a fault line has appeared over whether those who join the new program without being ordered to by the board should be subject to public disclosure.

    Patient advocates note that the medical board’s primary mission is “to protect healthcare consumers and prevent harm,” which they say trumps physician privacy.

    The names of those required by the board to undergo treatment and monitoring under a disciplinary order are already made public. But addiction medicine professionals say that if the state wants troubled doctors to come forward without a board order, confidentiality is crucial.

    Public disclosure would be “a powerful disincentive for anybody to get help” and would impede early intervention, which is key to avoiding impairment on the job that could harm patients, said Scott Hambleton, president of the Federation of State Physician Health Programs, whose core members help arrange care and monitoring of doctors for substance use disorders and mental health conditions as an alternative to discipline.

    But consumer advocates argue that patients have a right to know if their doctor has an addiction. “Doctors are supposed to talk to their patients about all the risks and benefits of any treatment or procedure, yet the risk of an addicted doctor is expected to remain a secret?” Marian Hollingsworth, a volunteer advocate with the Patient Safety Action Network, told the medical board at a Nov. 14 hearing on the new program.

    Doctors are as vulnerable to addiction as anyone else. People who work to help rehabilitate physicians say the rate of substance use disorders among them is at least as high as the rate for the general public, which the federal Substance Abuse and Mental Health Services Administration put at 17.3% in a Nov. 13 report.

    Alcohol is a very common drug of choice among doctors, but their ready access to pain meds is also a particular risk.

    “If you have an opioid use disorder and are working in an operating room with medications like fentanyl staring you down, it’s a challenge and can be a trigger,” said Chwen-Yuen Angie Chen, an addiction medicine doctor who chairs the Well-Being of Physicians and Physicians-in-Training Committee at Stanford Health Care. “It’s like someone with an alcohol use disorder working at a bar.”

    From pioneer To lagger

    California was once at the forefront of physician treatment and monitoring. In 1981, the medical board launched a program for the evaluation, treatment, and monitoring of physicians with mental illness or substance use problems. Participants were often required to take random drug tests, attend multiple group meetings a week, submit to work-site surveillance by colleagues, and stay in the program for at least five years. Doctors who voluntarily entered the program generally enjoyed confidentiality, but those ordered into it by the board as part of a disciplinary action were on the public record.

    The program was terminated in 2008 after several audits found serious flaws. One such audit, conducted by Julianne D’Angelo Fellmeth, a consumer interest lawyer who was chosen as an outside monitor for the board, found that doctors in the program were often able to evade the random drug tests, attendance at mandatory group therapy sessions was not accurately tracked, and participants were not properly monitored at work sites.

    Today, MDs who want help with addiction can seek private treatment on their own or in many cases are referred by hospitals and other health care employers to third parties that organize treatment and surveillance. The medical board can order a doctor on probation to get treatment.

    In contrast, the California licensing boards of eight other health-related professions, including osteopathic physicians, registered nurses, dentists, and pharmacists, have treatment and monitoring programs administered under one master contract by a publicly traded company called Maximus Inc. California paid Maximus about $1.6 million last fiscal year to administer those programs.

    When and if the final medical board regulations are adopted, the next step would be for the board to open bidding to find a program administrator.

    Fall from grace

    Morrow’s troubles started long after the original California program had been shut down.

    The daughter of a prominent cosmetic surgeon, Morrow grew up in Palm Springs in circumstances she describes as “beyond privileged.” Her father, David Morrow, later became her most trusted mentor.

    But her charmed life began to fall apart in 2015, when her father and mother, Linda Morrow, were indicted on federal insurance fraud charges in a well-publicized case. In 2017, the couple fled to Israel in an attempt to escape criminal prosecution, but later they were both arrested and returned to the United States to face prison sentences.

    The legal woes of Morrow’s parents, later compounded by marital problems related to the failure of her husband’s business, took a heavy toll on Morrow. She was in her early thirties when the trouble with her parents started, and she was working 16-hour days to build a private medical practice, with two small children at home. By the end of 2019, she was severely depressed and turning increasingly to alcohol. Then, the loss of her admitting privileges at a large Los Angeles hospital due to inadequate medical record-keeping shattered what remained of her self-confidence.

    Morrow, reflecting on her experience, said the very strengths that propel doctors through medical school and keep them going in their careers can foster a sense of denial. “We are so strong that our strength is our greatest threat. Our power is our powerlessness,” she said. Morrow ignored all the flashing yellow lights and even the red light beyond which serious trouble lay: “I blew through all of it, and I fell off the cliff.”

    By late 2020, no longer working, bedridden by depression, and drinking to excess, she realized she could no longer will her way through: “I finally said to my husband, ‘I need help.’ He said, ‘I know you do.’”

    Ultimately, she packed herself off to a private residential treatment center in Texas. Now sober for 21 months, Morrow said the privacy of the addiction treatment she chose was invaluable because it shielded her from professional scrutiny.

    “I didn’t have to feel naked and judged,” she said.

    Morrow said her privacy concerns would make her reluctant to join a state program like the one being considered by the medical board.

    Physician privacy vs. patient protection

    The proposed regulations would spare doctors in the program who were not under board discipline from public disclosure as long as they stayed sober and complied with all the requirements, generally including random drug tests, attendance at group sessions, and work-site monitoring. If the program put a restriction on a doctor’s medical license, it would be posted on the medical board’s website, but without mentioning the doctor’s participation in the program.

    Yet even that might compromise a doctor’s career since “having a restricted license for unspecified reasons could have many enduring personal and professional implications, none positive,” said Tracy Zemansky, a clinical psychologist and president of the Southern California division of Pacific Assistance Group, which provides support and monitoring for physicians.

    Zemansky and others say doctors, just like anyone else, are entitled to medical privacy under federal law, as long as they haven’t caused harm.

    Many who work in addiction medicine also criticized the proposed new program for not including mental health problems, which often go hand in hand with addiction and are covered by physician health programs in other states.

    “To forgo mental health treatment, I think, is a grave mistake,” Morrow said. For her, depression and alcoholism were inseparable, and the residential program she attended treated her for both.

    Another point of contention is money. Under the current proposal, doctors would bear all the costs of the program.

    The initial clinical evaluation, plus the regular random drug tests, group sessions, and monitoring at their work sites could cost participants over $27,000 a year on average, according to estimates posted by the medical board. And if they were required to go for 30-day inpatient treatment, that would add an additional $40,000 — plus nearly $36,000 in lost wages.

    People who work in the field of addiction medicine believe that is an unfair burden. They note that most programs for MDs in other states have outside funding to reduce the cost to participants.

    “The cost should not be fully borne by the doctors, because there are many other people that are benefiting from this, including the board, malpractice insurers, hospitals, the medical association,” said Greg Skipper, a semi-retired addiction medicine doctor who ran Alabama’s state physician health program for 12 years. In Alabama, he said, those institutions contribute to the program, significantly cutting the amount doctors have to pay.

    The treatment program that Morrow attended in spring of 2021, at The Menninger Clinic in Houston, cost $80,000 for a six-week stay, which was covered by a concerned family member. “It saved my life,” she said.

    Though Morrow had difficulty maintaining her sobriety in the first year after treatment, she has now been sober since April 2, 2022. These days, Morrow regularly attends therapy and Alcoholics Anonymous and has pivoted to become an addiction medicine doctor.

    “I am a better doctor today because of my experience — no question,” Morrow said. “I am proud to be a doctor who’s an alcoholic in recovery.”

    This article was produced by KFF Health News, formerly known as Kaiser Health News (KHN), a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF — the independent source for health policy research, polling, and journalism. KFF Health News is the publisher of California Healthline, an editorially independent service of the California Health Care Foundation.

  • Bride turned beloved dessert into a wedding cake
    a piece of coffee cake with a glowing pink outline against a purple and blue background
    LAUSD's beloved coffee cake.

    Topline:

    San Fernando Valley native, Micki Boden, loves LAUSD's famed coffee cake. So much so she turned it into her wedding cake.

    The backstory: Boden attended elementary school in Studio City and middle school in Sherman Oaks before graduating from a Reseda high school.

    The ask: She reached out to the district to see if they'd bake her a cake. Miraculously, they said yes.

    Read on ... for the full story.

    Micki Boden wanted a wedding cake that checked off a couple of big boxes — personalized and tasty. Instead of a traditional tiered cake, the San Fernando Valley native went with a favorite from her school days.

    “My favorite cake of all time is the coffee cake that I ate through my entire K-12 education going to LAUSD public school,” Boden said.

    Boden attended elementary school in Studio City and middle school in Sherman Oaks before graduating from a Reseda high school.

    Boden and her husband, Matt Stollman, met in 2016 while working on the reality television show Big Brother and eventually started dating. The two got engaged in 2025.

    With the groom’s family traveling from the East Coast for their wedding in October, the couple wanted to provide a uniquely L.A. experience.

    A bride in a dress with pearl details and a veil smiles as she holds onto a knife cutting into a heart-shaped coffee cake with a groom dressed in black suspenders and a white button-up.
    Micki Boden and Matt Stollman cut into their LAUSD coffee cake wedding cake.
    (
    Micki Boden
    )

    “We wanted something that was gonna be fun, that was gonna be memorable for people,” Boden said.

    They held their wedding at the Valley Relics Museum in Van Nuys, surrounded by San Fernando Valley memorabilia, and got a California favorite — an In-N-Out truck — to serve guests.

    The search for a cake that fit 

    But when it came to the wedding cake, the couple struggled to find something suitable. Neither Boden nor Stollman liked frosting, and traditional wedding cakes didn’t excite them.

    “We explored the more traditional tiered cake setup, and it just wasn’t meshing well,” Boden said.

    Boden kept returning to the coffee cake she ate throughout her years in public school. Los Angeles Unified School District had published its official recipe online, but she wasn’t confident she could bake it herself. So she reached out to the district to ask for help.

    A heart-shaped coffee cake is set in a brown box with a sheet of white doily under it
    The Stollman's wedding cake, decorated by the chef at Mulholland Middle School in Lake Balboa, sits in a pastry box.
    (
    Micki Boden
    )

    How LAUSD made it happen 

    Thomas Cohen, a public relations representative at the district, and Manish Singh, the director of food services, arranged for a chef at Mulholland Middle School in Lake Balboa to prepare the wedding cake. The chef also shaped part of the cake into a heart just for the couple.

    Singh said the district doesn’t take cake orders from the public — but made this exception.

    “We were doing it just to make one of our Angelenos, an ex-LAUSD student, make her special day even more special,” Singh said.

    For the bride, it was the icing on her big day.

    “I think it’s all just part of being an L.A. student,” she said. “The fact that we have these amazing memories from childhood, I think it’s just so meaningful for a lot of people.”

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  • Court rules similarity lawsuit can move forward
    Noah Wylie, a man with al ight skin tone, short dark hair and a short beard, leans against a glass doorway in a hospital. He wears a dark green zip-up fleece with a stethoscope around his neck and holds a black travel tumbler while looking off to the side.
    This image released by HBO shows Noah Wyle in a scene from “The Pitt.”

    Topline:

    A California appeals court has found that “ER” and “The Pitt” have enough similarity that a lawsuit brought by the widow and estate of “ER” creator Michael Crichton alleging “The Pitt” is an unauthorized reboot can move forward.

    Why now? A three-judge panel from California’s 2nd District Court of Appeal ruled unanimously on Wednesday that the trial court judge was correct to reject a motion to throw out the case from “The Pitt” production company Warner Bros. Television, which also produced “ER.” But the judges dismissed Noah Wyle — the star of both shows and a producer on “The Pitt” — as a defendant along with two other producers who worked on both series.

    The backstory: The lawsuit is a clash between the makers of multiple Emmy-winning TV series that were each among the most important and acclaimed shows of their eras. Crichton, the author of “Jurassic Park” and many other novels that became hit movies and TV shows, wrote the pilot script for “ER,” the NBC show about a Chicago emergency room that redefined the medical drama genre and drew tens of millions of weekly viewers in its run from 1994 to 2009. The lawsuit brought by Sherri Crichton was filed two years ago, before a single episode of “The Pitt” had aired. The HBO Max series that shows a real-time day in the life of a Pittsburgh emergency department has since become perhaps the most lauded series in television, winning two Emmys for best drama for its first two seasons and two best actor Emmys for Wyle.

    What's next: Along with more technical legal issues, the judges had to decide whether the shows had at least the minimal similarity that would give the lawsuit enough merit to move forward. Their decision applies only to this early legal challenge and they did not rule on whether the plaintiffs had proved the “The Pitt” is derivative of “ER.”

    A California appeals court has found that “ER” and “The Pitt” have enough similarity that a lawsuit brought by the widow and estate of “ER” creator Michael Crichton alleging “The Pitt” is an unauthorized reboot can move forward.

    A three-judge panel from California’s 2nd District Court of Appeal ruled unanimously on Wednesday that the trial court judge was correct to reject a motion to throw out the case from “The Pitt” production company Warner Bros. Television, which also produced “ER.” But the judges dismissed Noah Wyle — the star of both shows and a producer on “The Pitt” — as a defendant along with two other producers who worked on both series.

    The lawsuit is a clash between the makers of multiple Emmy-winning TV series that were each among the most important and acclaimed shows of their eras.

    Crichton, the author of “Jurassic Park” and many other novels that became hit movies and TV shows, wrote the pilot script for “ER,” the NBC show about a Chicago emergency room that redefined the medical drama genre and drew tens of millions of weekly viewers in its run from 1994 to 2009.

    The lawsuit brought by Sherri Crichton was filed two years ago, before a single episode of “The Pitt” had aired. The HBO Max series that shows a real-time day in the life of a Pittsburgh emergency department has since become perhaps the most lauded series in television, winning two Emmys for best drama for its first two seasons and two best actor Emmys for Wyle.

    Along with more technical legal issues, the judges had to decide whether the shows had at least the minimal similarity that would give the lawsuit enough merit to move forward. Their decision applies only to this early legal challenge and they did not rule on whether the plaintiffs had proved the “The Pitt” is derivative of “ER.”

    The court agreed with the plaintiff that “both shows provide commentaries on the healthcare system; they focus specifically on the emergency room and the difficult conditions under which the medical staff operates. Both shows take place, with little exception, in the emergency room, as opposed to other medical shows which track patients as they move out of the emergency room, or indeed never enter it.”

    The opinion also said that both feature “very fast pacing, and reactions to multiple overlapping crises. The fast-paced dialogue is (to a layperson) frequently incomprehensible shorthand and jargon, lending an air of immediacy and accuracy.”

    Warner Bros. Television said in a statement that “WBTV continues to maintain that ‘The Pitt’ is an entirely original series and that the claims against it are without merit. Nothing in the Court of Appeal’s decision establishes otherwise, and WBTV looks forward to defending its position as the case proceeds.”

    The defendants argued in legal filings that the shows have “generic similarities” that would exist in “any dramatic story” that features “overworked doctors and staff.”

    The panel also unanimously dismissed as defendants Wyle, John Wells, who created “The Pitt” and worked on “ER,” and R. Scott Gemmill, a “Pitt” executive producer who also worked on both shows. The judges found there was no evidence the three men knew the provisions of the Crichton contract that the lawsuit alleges they interfered with.

    Sherri Crichton’s lawsuit alleges “The Pitt” is a rebranded version of an unauthorized “ER” reboot that she had rejected.

    Her husband had secured a coveted “frozen rights” provision in his contract for the series, prohibiting Warner Bros. from proceeding with any sequels, remakes, spinoffs or other productions derived from “ER” without Crichton’s consent, or his estate’s consent after his death from cancer in 2008.

    After the production company could not reach an agreement with Sherri Crichton over a proposed “ER” reboot, the TV studio proceeded to develop and produce a series based on the same premise without permission, the lawsuit alleges.

  • Archaeologists find evidence of cannabis use
    A man with a long blond ponytail and a gray V-neck T-shirt looks down at a tall cannabis plant with dried, brown flower clusters, holding one cluster between his fingers. Evergreen and yellowing deciduous trees stand behind him.
     Archaeologist at the University of Bern Gino Caspari touches a cannabis plant in the Altai Mountains, Siberia, Russia, in Sept. 2016

    Topline:

    People may have been getting high off cannabis earlier than previously thought — at least 2,800 years ago, a new study suggests.

    The findings: Archaeologists who led a dig at a monumental tomb in Siberia said they turned up evidence of the earliest known use of cannabis for psychoactive purposes. The findings point to cannabis consumption at least 300 years earlier than previously known use in neighboring China. It’s not clear whether the cannabis was consumed through inhalation or ingestion, he said.

    The backstory: Ancient drug use has long intrigued scholars. The Greek historian Herodotus wrote about inhabitants of Central Asia smoking cannabis around 440 B.C., and recent archaeologists have found the seeds in tombs across its highlands. The team from Germany, Russia, Sweden and Switzerland said analysis of hair in the royal tomb where cannabis seeds turned up sheds new light on the plant’s role in ancient societies.

    People may have been getting high off cannabis earlier than previously thought — at least 2,800 years ago, a new study suggests.

    Archaeologists who led a dig at a monumental tomb in Siberia said they turned up evidence of the earliest known use of cannabis for psychoactive purposes.

    The findings point to cannabis consumption at least 300 years earlier than previously known use in neighboring China.

    Ancient drug use has long intrigued scholars. The Greek historian Herodotus wrote about inhabitants of Central Asia smoking cannabis around 440 B.C., and recent archaeologists have found the seeds in tombs across its highlands.

    The team from Germany, Russia, Sweden and Switzerland said analysis of hair in the royal tomb where cannabis seeds turned up sheds new light on the plant’s role in ancient societies.

    “It’s extremely rare that we have both preserved plant parts and human soft tissue with the active compounds in it in the same context,” said co-author Gino Caspari, an archaeologist at the University of Bern.

    “It’s only so often as an archaeologist that you do get to drug test a person that’s been dead for almost 3,000 years,” he said.

    It’s not clear whether the cannabis was consumed through inhalation or ingestion, he said.

    The dig took place starting in 2017 at a large burial mound at the Tunnug 1 site in the Uyuk Valley of southern Siberia, home to one of the earliest monumental tombs showing material culture of the Scythians — ancient nomads who migrated from Central Asia to southern Russia and Ukraine.

    The team, deployed “essentially out in the middle of nowhere,” lived in tents for months and faced a spring-to-autumn season that variously featured swamps, snowstorms, frosts and swarms of mosquitoes. Herds of horses ran freely across the grassy steppe.

    Larger artifacts on the site include weapons in the burials, horse gear and animal-style motifs. But the team “struck gold” as it also found tiny black spots that turned out to be cannabis seeds along with preserved human hair, Caspari said.

    “It’s only so often as an archaeologist that you do get to drug test a person that’s been dead for almost 3,000 years,” he said.

    Radiocarbon dating on some of the more than 1,000 seeds helped establish the time of origin, and “they are not there by accident” but deposited within the tomb, suggesting that the plant material had significance in the community, he said.

    Results were published Thursday in the journal Science.

    Not all independent experts were convinced.

    The hair analysis “is scientifically weak” and there’s not enough evidence to tell whether cannabis was used, wrote Volker Auwaerter, head of the forensic toxicology section at the University Medical Center in Freiburg, Germany, in an email.

    “For a central part of the study, the article falls far short of what would have been possible,” Auwaerter said. “This matters because the hair data carry the abstract’s main claims (cannabis consumption and use for its psychoactive properties).”

    Today, scholars don’t consider ancient accounts trustworthy without corroborating evidence. Because the cannabis plant has other uses — seeds are pressed for oil and fibers used for cloth — their presence alone doesn’t confirm drug use.

    Auwaerter, who was not part of the study, said the data didn’t distinguish consumption from external exposure — in other words, the hair could have picked up traces of weed simply by being buried together with it. He said a lab test involving forensic toxicology expertise would have been advisable and easy to arrange.

    But Elisa Guerra Doce of the University of Valladolid in Spain, who has written about use of consciousness-altering substances in European prehistory, said toxicological hair analysis was not new in archaeology and has been used to identify consumption of psychoactive substances. She was not involved in the study.

    In an email, she credited the authors for showing, through their methodology, that “cannabis was not merely deposited as a funerary offering but was actually consumed by individuals associated with the burial rite.”

  • Justice Department wanted 20,000 votes set aside
    A man with dark hair, glasses and medium-brown skin, wearing blue gloves, pushes a cart of mail ballot trays through a large processing room lined with shelving carts.
    Ballots are sorted the day after California’s primary election at the L.A. County Ballot Processing Center, June 3, 2026, in City of Industry.

    Topline:

    The U.S. Department of Justice on Friday moved to dismiss its own lawsuit that sought to stop California from counting roughly 20,000 ballots it alleged went to noncitizens until their immigration status could be verified. The request to dismiss the case comes days after Republicans’ significant losses in the midterm elections and about a week before a scheduled hearing where a special master was slated to evaluate the accuracy of the list. California officials have previously said the list is out of date and includes legitimate voters — a sentiment that the federal judge presiding over the case echoed in his blistering order denying the federal government’s request.

    Why it matters: The case was at the forefront of President Donald Trump’s administration’s effort to assert control over state-run elections across the country, which Trump has said are rife with illegal voting without providing evidence.

    The backstory: The Department of Justice remains enmeshed in litigation with multiple immigrant and voting rights groups seeking to limit its use of the list of what is says are suspected noncitizens. Another controversial suit it filed in Alaska at Trump’s direction before the election to block the victory of the Democrat in that state’s Senate race was swiftly dismissed by a federal judge. The administration is appealing that ruling but has yet to file a full brief at the 9th Circuit Court of Appeals. California had processed roughly 9 million ballots as of early Friday, with nearly 5 million still left to be counted, according to state election officials. The motion to dismiss the lawsuit said that, by the time of the upcoming hearing, the state will have already irreparably “commingled the challenged ballots with lawful ones.”

    The U.S. Department of Justice on Friday moved to dismiss its own lawsuit that sought to stop California from counting roughly 20,000 ballots it alleged went to noncitizens until their immigration status could be verified.

    The request to dismiss the case comes days after Republicans’ significant losses in the midterm elections and about a week before a scheduled hearing where a special master was slated to evaluate the accuracy of the list. California officials have previously said the list is out of date and includes legitimate voters — a sentiment that the federal judge presiding over the case echoed in his blistering order denying the federal government’s request.

    The case was at the forefront of President Donald Trump’s administration’s effort to assert control over state-run elections across the country, which Trump has said are rife with illegal voting without providing evidence.

    The Department of Justice remains enmeshed in litigation with multiple immigrant and voting rights groups seeking to limit its use of the list of what is says are suspected noncitizens. Another controversial suit it filed in Alaska at Trump’s direction before the election to block the victory of the Democrat in that state’s Senate race was swiftly dismissed by a federal judge. The administration is appealing that ruling but has yet to file a full brief at the 9th Circuit Court of Appeals.

    California had processed roughly 9 million ballots as of early Friday, with nearly 5 million still left to be counted, according to state election officials. The motion to dismiss the lawsuit said that, by the time of the upcoming hearing, the state will have already irreparably “commingled the challenged ballots with lawful ones.”

    “The relief the United States sought and needed is no longer available—rendering voluntary dismissal necessary,” the motion said.

    Bill Essayli, the top federal prosecutor in Los Angeles, previously argued in court that the lawsuit would be irrelevant after election day, because there would be no way to sequester the ones allegedly belonging to noncitizens. The lawsuit was filed in mid-October, when ballots had been sent to all of the state’s 23 million registered voters, and after hundreds of thousands of ballots were already processed. Once a ballot is processed, it is completely anonymized.

    Essayli said at the time the lawsuit was filed that his goal was to “safeguard the integrity of the election so it doesn’t have an effect on the upcoming election.”

    “We want to stop the illegal voting. We don’t want to chase it later,” he said outside of court the week before the election.

    California prosecutors in recent weeks have arrested over 30 noncitizens who are accused of illegally registering to vote. Some who were arrested were also accused of voting in previous elections. Elections clerks around California in the week before the election were sent subpoenas to testify before grand juries slated to convene in November. It’s not clear who is being criminally charged in those cases, but the department does not typically subpoena people whom it regards as targets of a criminal investigation to appear before a grand jury.

    U.S. District Judge David O. Carter appointed the special master in late October, shortly after allowing California to proceed with elections as planned. Carter, who was appointed by former President Bill Clinton, argued in his blistering order that separating ballots at that late stage would risk disenfranchising citizens and warned it would “wreak havoc” on the midterm elections.

    The special master would have also considered whether or not California election officials did in fact have a mechanism for separating the ballots.