Federal Appeals Court Blocks Trump Administration’s Attempt to Enforce Mail Voting Executive Order Before Midterms

The 1st U.S. Circuit Court of Appeals delivered a significant blow to the Trump administration on Saturday by declining to suspend a lower court’s injunction that blocks enforcement of provisions from an executive order tightening mail-in voting procedures across 23 Democratic-controlled states. The 2-1 decision means the administration faces a potential Supreme Court appeal as midterm voting approaches.

The Department of Justice had requested that the appeals court pause a June ruling by U.S. District Judge Indira Talwani while the administration continues its legal challenge. The DOJ indicated it would pursue emergency intervention at the Supreme Court if unsuccessful in the appellate process.

Trump signed Executive Order 14399 in March, directing the Department of Homeland Security to compile citizenship verification lists for voting eligibility, instructing the U.S. Postal Service to establish new mail ballot standards, and tasking the Justice Department with investigating election officials who issue federal ballots to ineligible voters. The administration contended the lawsuit was premature since federal agencies had not finalized implementation policies.

The appeals court majority disagreed, noting that the executive order specified tight deadlines requiring immediate state coordination with federal officials. Twenty-three states, led by California, Massachusetts, Nevada, and Washington, along with the District of Columbia, challenged the order as exceeding presidential authority over federal elections, a power they argue belongs primarily to the states under the Constitution.

Judge Talwani ruled in June that multiple executive order provisions likely exceeded the president’s authority and blocked their implementation in plaintiff states through November 3. The White House and Justice Department did not immediately comment on Saturday’s decision.