1st Circuit Court denies Trump administration's request to lift injunction on mail-in voting order
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The Boston-based 1st U.S. Circuit Court of Appeals rejected the Justice Department's bid to suspend a district court injunction blocking President Trump's executive order on mail-in voting in 23 states.
A federal appeals court on Saturday refused to let the Trump administration move forward with an executive order that would tighten mail-in voting rules in 23 states ahead of the November elections. The 1st U.S. Circuit Court of Appeals upheld a June 25 injunction issued by U.S. District Judge Indira Talwani, who had found key provisions of the order unconstitutional.
The Justice Department argued that the order could not be challenged yet because agencies had not finalized implementation actions, but the appellate panel rejected that view in a 2-1 decision. The judges wrote that the order sets "clear set of rapidly approaching deadlines" for states to coordinate with federal officials and comply with new voting procedures, leaving the states with no practical choice but to respond now.
The order, signed in March, directed the Department of Homeland Security to compile lists of confirmed U.S. citizens eligible to vote and required the Postal Service to deliver ballots only to voters on each state's approved list. It also instructed the Justice Department to prioritize investigations of officials who issue ballots to individuals deemed ineligible. Judge Talwani, hearing on behalf of a coalition of states led by California, Massachusetts, Nevada and Washington, ruled that the president lacked authority to direct DHS to create such voter-eligibility lists and that the Postal Service had no statutory power to impose binding regulations on mail-in voting.
The Justice Department warned that, without a favorable ruling from the 1st Circuit, it may seek intervention from the U.S. Supreme Court.