The 2-1 ruling did not resolve the underlying lawsuit. The majority said the Justice Department had not given a federal district judge enough time to consider its request for a temporary restraining order before seeking emergency relief from the appeals court. The administration’s claimed urgency was “at least in part” self-created, the judges wrote.

U.S. District Judge David Carter had scheduled a hearing for Tuesday afternoon in Los Angeles. It was not clear whether that hearing would go forward after the appeals ruling.

Judges Mark Bennett and Gabriel Sanchez formed the majority. In a separate concurrence, Bennett also questioned the substance of the federal government’s case, saying it had provided no workable plan for separating the ballots without potentially severe consequences for California’s ongoing election.

Judge Patrick Bumatay dissented, arguing that the federal government’s authority to prevent noncitizens from voting in federal elections should allow it to intervene. He warned that delay could increase the chance that unlawful votes would be counted. The ruling did not establish that any noncitizens had voted or that the ballots in question contained unlawful votes.

California Gov. Gavin Newsom called the decision a “positive development” and a “welcome speed bump” to what he described as attacks on the Constitution and democracy. The Justice Department did not immediately comment.

The administration could ask the full 9th Circuit to review the case or seek emergency relief from the U.S. Supreme Court. The appeals court set a 7 p.m. Pacific deadline Monday for a request for review by the larger court.

The case places federal election authority and California’s administration of its elections in direct dispute as the state prepares for the November 2026 midterms. For now, the appeals panel’s decision leaves the question of the requested ballot-separation order with the lower court.