Federal Appeals Court Denies Trump Administration Request to Lift Mail-In Voting Injunction in 23 States

A three-judge panel of the First U.S. Circuit Court of Appeals in Boston ruled 2-1 on Saturday that the Justice Department could not pause a district-court injunction that bars enforcement of a March executive order aimed at tightening mail-in voting procedures in 23 states and the District of Columbia. The injunction, issued by U.S. District Judge Indira Talwani on June 25, found key provisions of the order unconstitutional.

The Justice Department argued that the order’s implementation was still pending and that a lawsuit was therefore premature. The appellate court disagreed, noting that the order set “rapidly approaching deadlines” for states to coordinate with federal officials and adjust voting procedures for the September and November elections, leaving the states with “no practical choice but to respond now.”

The executive order directed the Department of Homeland Security to compile lists of confirmed U.S. citizens eligible to vote in each state and required the Postal Service to deliver ballots only to voters on those lists. It also instructed the Justice Department to prioritize investigations of officials who issued ballots to individuals deemed ineligible. Judge Talwani, appointed by former President Barack Obama, ruled that the president lacked authority to direct such actions and that the Postal Service had no statutory power to impose binding regulations on mail-in voting.

The decision follows earlier court rulings that blocked related measures, including a prior executive order requiring proof of citizenship for voter registration. The Justice Department indicated it may seek Supreme Court review if the appellate decision is not reversed.