WHAT YOU NEED TO KNOW
- The Ninth Circuit unanimously reversed an order blocking the Trump administration’s effort to end the visa lottery.
- The panel included appointees of Presidents Clinton, Biden, and Bush.
- Judge Jinsook Ohta’s order would have allowed 55,000 people to enter with lawful permanent residence.
- Red Eagle Law, which specializes in visa applications for foreign nationals, brought the challenge.
The Ninth Circuit has reversed a ruling that blocked the Trump administration’s effort to end the visa lottery heading into next year. That leaves liberal opponents of the policy without the judicial rescue they had sought from a lower court.
The outcome carries an added sting because the Ninth Circuit is widely considered one of the most liberal courts in the country. This time, however, the court did not deliver the result the administration’s opponents wanted.
The panel consisted of appointees selected by Presidents Bill Clinton, Joe Biden, and George Bush. All three judges ruled in favor of the Trump administration, producing a unanimous result from a panel with appointees from both political parties.
That unanimity makes the reversal harder for critics to dismiss as a purely partisan outcome. The administration prevailed before every member of the panel, including judges appointed by Democratic presidents.
COURT WIN: The Ninth Circuit — one of the most liberal appeals courts in the country — handed Trump a victory by blocking a lower court order that would have forced the State Department to reopen the diversity visa lottery for 2027.
The 2-1 ruling found that the immigration law firm Red Eagle, which sued on its own behalf rather than on behalf of actual lottery applicants, lacked standing to challenge the shutdown. The court said the visa program was designed to "encourage immigration, not generate revenue for law firms." But the Ninth Circuit added a pointed caveat: "We do not endorse the Department's failure to open the lottery registration period." The ruling was procedural — the court never weighed whether the State Department actually broke the law by freezing the program indefinitely. Full story here https://t.co/EKFy57NMI9 — Fox News Politics (@foxnewspolitics) October 30, 2026
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In explaining its decision, the panel said that it “would be opening the floodgates, allowing all lawyers to ‘roam the country in search of governmental wrongdoing’” had they not ruled against it.
The language offered a blunt warning about what the court believed could follow from allowing the earlier ruling to stand. Rather than endorse that path, the panel ruled against the challenge to the Trump administration’s policy.
Judge Jinsook Ohta had ordered the Trump administration to reinstate the visa lottery in mid-October. Ohta was appointed by President Joe Biden and is often characterized as an activist judge.
Her ruling would have allowed 55,000 people from countries eligible for the visa lottery to enter the United States with lawful permanent residence. That made the dispute about far more than an abstract disagreement over administrative policy.
The lower court order directly interfered with the administration’s effort to end the lottery heading into next year. The Ninth Circuit’s reversal removes that order and hands the Trump administration a significant legal victory in the dispute.
Another *huge* immigration win for President Trump and Secretary Rubio. Must they, now, open the diversity visa lottery program? The program gives visas to people for being from countries without many people that qualify for merit based visas. No, per the Ninth Circuit. Stayed! https://t.co/u9wANV8VZu
— Eric W. (@EWess92) October 30, 2026
Red Eagle Law brought the case challenging the Trump administration's policy. The firm specializes in visa applications for foreign nationals, placing its professional focus squarely within the immigration process at issue.
The firm’s challenge initially succeeded when Ohta ordered the lottery reinstated. That victory did not survive review by the Ninth Circuit panel, whose members rejected the challenge unanimously.
The court’s composition is especially notable given the political reputations surrounding the case. A panel containing Clinton, Biden, and Bush appointees still reached the same conclusion in favor of the Trump administration.
The result was a clean sweep for the administration from a court that conservatives hardly view as friendly territory.
For liberals hoping the Ninth Circuit would preserve the lower court order, the decision delivered an unmistakable setback. Even a court widely regarded as deeply liberal would not keep the order in place.
The earlier ruling had created a path for 55,000 people from eligible countries to gain entry with lawful permanent residence. The appellate decision reversed that intervention before the lottery could return heading into next year.
The decision also highlights the panel’s concern about lawyers searching nationwide for alleged governmental wrongdoing. Its floodgates warning became the central explanation offered for ruling against the challenge.
The Trump administration’s attempt to end the visa lottery therefore remains on course after surviving this round of litigation. The promised comeback for the program was halted by a unanimous panel, not by a narrowly divided conservative bloc.
That is an awkward result for those who expected an activist lower court ruling to dictate the outcome. The Ninth Circuit, of all places, shut the door and left the administration’s policy standing.
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