Federal appeals court keeps block on Trump mail-voting order in 23 states
The Facts
- The Boston-based 1st U.S. Circuit Court of Appeals declined to let the Trump administration implement key parts of Trump’s executive order tightening mail-in voting rules in 23 states.
- The appeals court left in place a June 25 lower-court injunction obtained by several Democratic-led states after U.S. District Judge Indira Talwani concluded key parts of the order were unconstitutional.
- The appeals court’s decision was 2-1.
- The Justice Department argued the lawsuit was premature because federal agencies had not yet finalized the actions and policies needed to implement the executive order, and the appeals court rejected that argument.
- The case affects election administration ahead of the November midterm elections, which will determine control of Congress.
- The appeals court said that if the order took effect for upcoming elections, it could create confusion and threaten disenfranchisement of eligible voters.
- The administration has signaled it may ask the U.S. Supreme Court for emergency relief after losing in the appeals court.
Context
What did the appeals court decide?
It denied the Trump administration’s request to lift a lower-court injunction, so key parts of the executive order on mail-in voting remain blocked in 23 states while the appeal continues Aol,Fox News.
Why did the court reject the administration’s argument that the case was too early?
The administration said agencies had not finalized how they would carry out the order, but the appeals court said the order set clear and fast-approaching deadlines, meaning the states had to respond now rather than wait newsORF.at,oe24.
What could happen next?
The Justice Department previously told the court it could seek emergency relief from the U.S. Supreme Court if it did not prevail in the 1st Circuit Fox News,matzav.com.
Where Left and Right agree, and where they split
- Where Left and Right agree
- Last-minute federal voting changes that courts say could confuse election administration and disenfranchise eligible voters should not take effect before the midterms.
- Where Left and Right split
- Protecting ballot access from unconstitutional restrictions, or preserving orderly election rules through constitutional process rather than executive fiat.
How left and right read it
A 2-1 appeals court ruling keeps key parts of an order restricting mail voting blocked in 23 states, after a lower court found core provisions unconstitutional. That matters because the court warned the order could sow confusion and threaten disenfranchisement ahead of elections that determine control of Congress. Protect access to the ballot, not rules that leave eligible voters exposed.
“Mr. Trump has also repeatedly made unfounded claims that mail voting is rife with fraud, even as he has made clear that restricting the practice would be a boon for his party.” — The New York Times
A federal appeals court handed President Donald Trump a setback by blocking key parts of his order on mail-in voting and rejecting the claim that the challenge was premature. With election administration already under strain ahead of elections that will determine control of Congress, the priority is orderly rules set through constitutional means, not last-minute directives that courts say risk confusion and disenfranchisement.
“President Donald Trump was handed a setback in his quest to alter mail-in voting policy in federal elections on Saturday by a federal appeals court.” — Washington Examiner
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Wire services (3)
Independent coverage (38)
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