Elections · Tuesday, November 3, 2026

Judge refuses to pause the order shielding election workers

The File desk · Nov. 3, 2026, 6:33 a.m. ET

Confirmed2 primary sources

Status

Confirmed. On November 2, 2026, Judge Trina L. Thompson denied the government's motion to stay the October 30 temporary restraining order in case . With both sides' consent, she set the order to expire on November 13, 2026, at 5:00 p.m. The order does not name a time zone. A minute entry says the hearing lasted 1 hour and 30 minutes.

Confirmed
The written order denies the motion to stay and says the order expires on November 13, 2026, at 5:00 p.m.
Confirmed
The minute entry says the motion was argued and taken under submission, and that the hearing lasted 1 hour and 30 minutes.
Confirmed
The order says a fuller written order will follow, on or before November 6, 2026, and it says a written order is still to follow.

Judge Trina L. Thompson refused on November 2, 2026, to pause her order barring federal officials from threatening election workers. Her new order, in case , keeps that command in place and sets it to expire on November 13, 2026, at 5:00 p.m. The order does not name a time zone.¹

A temporary restraining order is a short court command meant to hold things in place until a fuller hearing. The October 30 order is the one Thompson left standing. The government had asked her to stay it, which would have paused it during an appeal. A minute entry says the motion was argued on November 2, taken under submission, and heard for 1 hour and 30 minutes. The written order denies the stay.¹ ²

Thompson wrote that both sides agreed to move the expiration to November 13, 2026, at 5:00 p.m. She wrote that a fuller order will come on or before November 6, 2026, on the plaintiffs' claims under , the , and the . The order says the plaintiffs are likely to succeed on those claims and on claims under the and the . It says the government's conduct left election workers with "ongoing fear and concern" about doing their ordinary jobs.¹

Why it matters (Estimate). Estimate. The October 30 command still tells federal officials to leave state and local election workers to their own rules, now through 5:00 p.m. on November 13. The order does not name a time zone for that clock. The courtroom is in San Francisco. A hearing on a longer injunction remains on the calendar for November 13 at 11:00 a.m., and each side must say by November 4 at 9:00 a.m. whether it will rest on the papers already filed.

The order also changes one command. The Justice Department must tell the court, for a private in-chambers review, about pending search warrants, grand jury subpoenas, or other demands for election materials or ballots tied to any list of people the government says cannot vote. The order ends with the line "Written Order to follow."¹

How we know

What this is

Legal instrument
Order Granting Temporary Restraining Order, SEIU v. Department of Justice
The San Francisco election-worker case, 3:26-cv-12800-TLT. On October 30, 2026, Judge Trina L. Thompson ordered federal officials to stop threatening election workers. On November 2, 2026, she refused to pause that order and, with both sides' consent, set it to expire at 5:00 p.m. on November 13, 2026. The orders do not name a time zone.
Order of November 2, 2026
The San Francisco election-worker case. On November 2, 2026, Judge Thompson denied a request to pause the October 30 order and set that order to expire at 5:00 p.m. on November 13, 2026. The order does not name a time zone.
Legal instrument
Section 11(b) of the Voting Rights Act
A federal ban, at 52 U.S.C. § 10307(b), on intimidating, threatening, or coercing any person for voting, or for urging or helping another person to vote. A California federal judge cited it in an Oct. 21, 2026 order limiting door-to-door voter inquiries.
Northern District of California order, Oct. 21, 2026
The voting-rights provision the November 2 order says the government is likely to have violated. It bars intimidating or threatening a person for voting or for helping someone vote.
Legal instrument
Elections Clause
Article I, Section 4 of the Constitution lets each state set the times, places, and manner of its congressional elections, and lets Congress change those rules by law. Judge Thompson's October 30 order says the states, not the Justice Department, set the mechanics of counting those ballots.
Order of October 30, 2026
The constitutional rule the order cites. States set the times, places, and manner of congressional elections, and Congress may change those rules by law.
Legal instrument
Tenth Amendment
The Tenth Amendment says powers the Constitution does not give the federal government, and does not forbid to the states, are reserved to the states or the people. Judge Thompson's November 2 order says the government is likely to have violated principles of federalism under this amendment.
Order of November 2, 2026
The amendment the order cites for federalism. Powers the Constitution does not give the federal government, and does not forbid to the states, are reserved to the states or the people.
Legal instrument
Administrative Procedures Act
The federal law on how agencies act. Judge Thompson's November 2 order says the government's conduct lacks statutory authority and is arbitrary and capricious, and so is contrary to this law.
Order of November 2, 2026
The federal law on how agencies act. The November 2 order says the government's conduct lacks statutory authority and is arbitrary and capricious.
Legal instrument
Fifth Amendment
The Fifth Amendment includes a due-process promise that the federal government must follow fair procedures. Judge Thompson's November 2 order says the plaintiffs are likely to succeed on a claim that the government's conduct violates that promise because it undermines the integrity of the vote.
Order of November 2, 2026
The amendment that includes due process. The November 2 order says the government's conduct is likely to have undermined the integrity of the vote.

Notes

1.United States District Court for the Northern District of California, Order Denying Defendants' Motion to Stay Temporary Restraining Order, Clarification and Modification of the October 30, 2026 Temporary Restraining Order Subsequent to Oral Argument, Service Employees International Union, AFL-CIO v. United States Department of Justice, Case No. 26-cv-12800-TLT, signed by Trina L. Thompson and dated November 2, 2026. The order denies the motion to stay, says both sides consented to an expiration of November 13, 2026, at 5:00 p.m., and says the same expiration again at the end. It does not name a time zone. It says a written order on
Legal instrument
Section 11(b) of the Voting Rights Act
A federal ban, at 52 U.S.C. § 10307(b), on intimidating, threatening, or coercing any person for voting, or for urging or helping another person to vote. A California federal judge cited it in an Oct. 21, 2026 order limiting door-to-door voter inquiries.
Northern District of California order, Oct. 21, 2026
, the
Legal instrument
Tenth Amendment
The Tenth Amendment says powers the Constitution does not give the federal government, and does not forbid to the states, are reserved to the states or the people. Judge Thompson's November 2 order says the government is likely to have violated principles of federalism under this amendment.
Order of November 2, 2026
, and the
Legal instrument
Elections Clause
Article I, Section 4 of the Constitution lets each state set the times, places, and manner of its congressional elections, and lets Congress change those rules by law. Judge Thompson's October 30 order says the states, not the Justice Department, set the mechanics of counting those ballots.
Order of October 30, 2026
will reflect changes on or before November 6, 2026. It finds the plaintiffs likely to succeed under the
Legal instrument
Administrative Procedures Act
The federal law on how agencies act. Judge Thompson's November 2 order says the government's conduct lacks statutory authority and is arbitrary and capricious, and so is contrary to this law.
Order of November 2, 2026
,
Legal instrument
Section 11(b) of the Voting Rights Act
A federal ban, at 52 U.S.C. § 10307(b), on intimidating, threatening, or coercing any person for voting, or for urging or helping another person to vote. A California federal judge cited it in an Oct. 21, 2026 order limiting door-to-door voter inquiries.
Northern District of California order, Oct. 21, 2026
, the
Legal instrument
Elections Clause
Article I, Section 4 of the Constitution lets each state set the times, places, and manner of its congressional elections, and lets Congress change those rules by law. Judge Thompson's October 30 order says the states, not the Justice Department, set the mechanics of counting those ballots.
Order of October 30, 2026
, the
Legal instrument
Tenth Amendment
The Tenth Amendment says powers the Constitution does not give the federal government, and does not forbid to the states, are reserved to the states or the people. Judge Thompson's November 2 order says the government is likely to have violated principles of federalism under this amendment.
Order of November 2, 2026
, and the
Legal instrument
Fifth Amendment
The Fifth Amendment includes a due-process promise that the federal government must follow fair procedures. Judge Thompson's November 2 order says the plaintiffs are likely to succeed on a claim that the government's conduct violates that promise because it undermines the integrity of the vote.
Order of November 2, 2026
. It quotes the workers' "ongoing fear and concern." It modifies paragraph 6 so the Justice Department must present, for in camera review, pending search warrant applications, grand jury subpoenas, or other demands to access election materials or ballots tied to any list of people alleged to be ineligible to vote. Defendants' opposition to a preliminary injunction is due by 5:00 p.m. on Monday, November 9, 2026. An optional reply is due November 10, 2026, by 5:00 p.m. The preliminary-injunction hearing stays on November 13, 2026, at 11:00 a.m. Each side must notify the court by November 4, 2026, at 9:00 a.m. whether it will submit on the papers or offer new evidence. The order says "Written Order to follow." https://storage.courtlistener.com/recap/gov.uscourts.cand.482447/gov.uscourts.cand.482447.63.0_1.pdf
2.CourtListener docket, entry 56, minute entry for proceedings on November 2, 2026, before Judge Trina L. Thompson. The motion to stay was argued and submitted and taken under submission. Total time in court: 1 hour, 30 minutes. Court reporter: Andrea Bluedorn. The entry says a written order was to be issued. The docket stamp on a related minute row reads 1:22 p.m. and does not name a time zone. https://www.courtlistener.com/docket/75045414/service-employees-international-union-afl-cio-v-united-states-department/ Earlier story: /story/thompson-tro-hearing-nov1

What is still unknown or disputed

The time zone for 5:00 p.m., 11:00 a.m., and 9:00 a.m. The order does not name one. The court sits in San Francisco.
The fuller written order promised on or before November 6. This order says a written order will follow.
The transcript. A transcript of the November 2 hearing was ordered. This desk did not open it.

Primary sources

Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.

Source 1
Order denying the motion to stay, Document 63
U.S. District Court for the Northern District of California, via CourtListener · November 2, 2026
Judge Trina L. Thompson denied the stay, set the order to expire November 13, 2026, at 5:00 p.m., and said a fuller written order would follow.
https://storage.courtlistener.com/recap/gov.uscourts.cand.482447/gov.uscourts.cand.482447.63.0_1.pdf
Source 2
Docket, SEIU v. Department of Justice, 3:26-cv-12800
CourtListener · November 2, 2026
Entry 56 says the November 2 motion hearing lasted 1 hour and 30 minutes. Entry 63 is the order denying the stay.
https://www.courtlistener.com/docket/75045414/service-employees-international-union-afl-cio-v-united-states-department/

Judge refuses to pause the order shielding election workers

Notes

What is still unknown or disputed

Primary sources

Order denying the motion to stay, Document 63

Docket, SEIU v. Department of Justice, 3:26-cv-12800