The U.S. Supreme Court refused to hear President Donald Trump's case, which demanded that California withhold 20,000 ballots from being counted because voters were likely ineligible.
Trump has spent the past several days claiming a Department of Homeland Security list revealed voters who should not and could not be counted. What unfolded was someone spot-checking and finding that the list included many American citizens. That's when California said it wouldn't cooperate in removing people. The Justice Department took California to court, and it lost over and over.
The case finally reached the U.S. Supreme Court, where Justice Elena Kagan wrote the decision and the full court said "no."
According to Fox News, though, only Kagan's opinion reached the full court. "Justice Kagan denies emergency request on the eve of midterm elections," the subheadline reads.
"Justice Elena Kagan denied the appeal on the eve of the midterm elections without comment, and did not refer it to the other justices," the article falsely claims.
The posting remains live on Fox's website, and no correction has been issued.
The California Globe's editor and chief similarly parroted the Fox report, saying Kagan, not the full court, was behind the ruling. "Justice Elena Kagan denied the appeal on the eve of the midterm elections without comment, and did not refer it to the other justices," said Katy Grimes.
She quoted from the Justice Department filing: "Once illegally cast ballots are counted and commingled with lawful votes, the resulting harm is impossible to remedy."
The order makes it clear that the case was "presented to Justice Kagan and, by her, referred to the Court, is denied."
She drew swift backlash, along with Fox, for missing that key piece of the ruling.
"This is false, although from the replies, the claim is apparently based on false reporting by Fox News. Kagan referred the application to the full Court, and it was the Court that denied it, not Kagan alone," said Damin Toell on X in response to Grimes.
"Why would you say something so bold yet so easily debunked?" asked one lawyer.
Congressman Kevin Mullin (D-Calf.) even commented to correct the record, "The Supreme Court rightfully and swiftly rejected Trump’s desperate, sloppy, last-minute attempt to interfere in California’s elections and throw out ballots. Numerous lower court judges have also ruled against him – with a federal judge even saying Trump has likely violated the U.S. Constitution in his attacks against California elections workers. Trump’s ongoing voter suppression efforts are un-American, and his weaponization of the DOJ should concern everyone regardless of political party. Voting in the Golden State – and around the country – has been proven to be safe and secure, but Trump continues to spread lies because he’s desperate to hold onto power."
MAGA is still claiming it was Kagan and Kagan alone and called for her to be removed.
In another court hearing Monday, Assistant U.S. Attorney Kenneth Kao admitted the list they generated wasn't entirely accurate. The judge questioned whether it was "fair" to say that the federal government's list had a "high" error rate. He agreed, said "Law Dork" Chris Geidner.
AlterNet has reached out to Fox News Digital for comment.
