Massachusetts judge lets challenge to Trump mail-voting order proceed
U.S. District Judge Indira Talwani denied a motion to dismiss a lawsuit by voting-rights groups, finding the executive order on mail voting likely unconstitutional and allowing the case to move forward.
A federal judge in Massachusetts denied a request to throw out a lawsuit challenging President Donald Trump’s executive order that would require states to provide the Postal Service with lists of voters requesting mail ballots and to use barcode-marked envelopes. Judge Indira Talwani said the order is "unconstitutional" and warned that, if left in place, it could lead to disenfranchisement in the upcoming election.
The lawsuit, filed by a coalition of voting-rights organizations led by the League of Women Voters, argues that the order causes organizational and associational injuries and that an injunction would prevent irreparable harm. Talwani noted that the order directs the Postal Service to refuse delivery of ballots to voters not on the submitted lists, a practice she said exceeds any authority granted by Congress.
In a separate case, Talwani has already blocked the order’s implementation in 22 states and Washington, D.C. She reiterated that the Constitution reserves election regulation primarily for state legislatures and Congress, not the President. The plaintiffs have asked the court to block the order again, and the judge scheduled briefing on their renewed injunction request ahead of a hearing on August 7.