Ninth Circuit Dismisses Trump DOJ Appeal Over California Ballots

A divided Ninth Circuit dismissed the Trump administration’s emergency appeal seeking to segregate California mail ballots linked to more than 20,000 people it described as likely noncitizens, finding that the lower court had not yet ruled.

A divided federal appeals court dismissed the Trump administration’s emergency appeal seeking to force California to segregate mail ballots associated with more than 20,000 people the government described as likely noncitizens. The Ninth Circuit’s order, filed Monday, October 26, 2026, leaves the request with the federal district judge who had already scheduled a hearing for Tuesday.

The 2-1 panel did not decide whether anyone on the government’s list is a noncitizen or whether an ineligible ballot was cast. It instead held that the Justice Department appealed too soon, before the district court had ruled on the administration’s request for a temporary restraining order. The panel granted Los Angeles County’s motion to dismiss for lack of appellate jurisdiction and denied the government’s emergency motion as moot.

Appeal followed a three-business-hour deadline

According to the court’s order, the Justice Department sued California and Los Angeles County on October 15 after state officials rejected a demand to review a list of more than 20,000 names and isolate related ballots pending citizenship checks. The government alleges the names were identified by federal agencies as likely noncitizens. California and county officials dispute the list’s reliability and say the demand conflicts with election rules already in operation.

The administration initially asked the district court for a ruling by November 3. After learning that Los Angeles County had begun processing ballots, it filed a late-evening request on October 21 for a decision by noon the following day. When the district judge did not rule within roughly 15 hours—three business hours—the government treated the inaction as a constructive denial and appealed.

The Ninth Circuit said that interval did not give the district court an adequate opportunity to consider the request. The order noted that U.S. District Judge David Carter had scheduled an October 27 hearing and committed to rule promptly afterward. Unlike an earlier Supreme Court case involving detainees who faced imminent deportation, the panel said the record here did not establish the same kind of emergency caused by judicial inaction.

Judges divide over the request

Judge Mark Bennett, a Trump appointee, agreed that the court lacked jurisdiction and wrote separately that he also would have denied emergency relief on the merits. He said the government’s delay contributed to its claimed urgency and questioned whether the federal criminal ban on noncitizen voting displaced California’s ballot-processing rules.

Judge Gabriel Sanchez, appointed by former President Joe Biden, also concurred. He wrote that the requested injunction would alter California’s procedures during an election already underway and risk confusion and disruption. Judge Patrick Bumatay, another Trump appointee, dissented. He argued that the court could hear the appeal and that federal law likely preempted California’s decision not to separate the disputed ballots.

The underlying case continues

The order is a procedural defeat for the Trump Justice Department, not a final judgment on the underlying lawsuit. The district court can still grant, narrow or reject the requested restraining order after hearing the parties. The administration can also pursue further appellate review after a lower-court ruling.

Reuters independently reported the dismissal, while the published Ninth Circuit order provides the primary record of the panel’s reasoning and split. The ruling is a material development after the panel’s Sunday hearing: California remains free to continue its existing ballot-processing procedures unless the district court or a higher court orders otherwise.

Sources and image credit

Appeal followed a three-business-hour deadline

Judges divide over the request