A divided federal appeals court refused to let the Trump administration enforce major provisions of an executive order imposing new federal requirements on mail-in voting while litigation brought by 23 states and the District of Columbia continues.
By yourNEWS Media Newsroom
A federal appeals court has barred the Trump administration from implementing key portions of President Donald Trump’s executive order on mail-in voting as states prepare for the approaching midterm elections.
The 1st U.S. Circuit Court of Appeals ruled 2-1 against the Department of Justice’s request to suspend a lower-court injunction while the administration pursues its appeal. The decision leaves the challenged provisions unenforceable for now in 23 Democrat-led states and the District of Columbia.
The Justice Department had previously indicated that it would seek emergency intervention from the U.S. Supreme Court if the appeals court declined to grant relief.
Administration attorneys argued that the states’ lawsuit was filed too early because federal agencies had not yet completed the policies and procedures needed to carry out the executive order. The appeals court majority rejected that argument, concluding that the order already requires states to begin preparing for deadlines and voting-rule changes that are drawing closer as the midterms approach.
“As the district court reasoned, the (executive order) lays out a clear set of rapidly approaching deadlines by which states must coordinate with federal officials and comply with new voting procedures,” the majority wrote.
“The Plaintiff States have no practical choice but to respond to the (order) now.”
Trump issued Executive Order 14399 in March as part of his administration’s stated effort to strengthen the integrity of U.S. elections.
According to The New York Post, “The order directs the Department of Homeland Security (DHS) to compile lists of confirmed US citizens eligible to vote and provide them to states, instructs the US Postal Service (USPS) to establish new standards for mail-in ballots and directs the Justice Department to prioritize investigations into state and local election officials who issue federal ballots to people deemed ineligible to vote.
“The lawsuit was brought by 23 states and the District of Columbia, led by California, Massachusetts, Nevada and Washington.
“The states argue the Constitution gives them primary responsibility for administering federal elections and that the president exceeded his authority by directing federal agencies to impose new voting requirements.”
The legal dispute centers on the division of authority between the federal government and the states in administering elections. The plaintiff states contend that the executive order improperly directs federal agencies to impose election procedures in an area where the Constitution gives states the principal administrative role.
The administration has maintained that the legal challenge is not yet ripe because the agencies named in the order have not finalized the specific rules they would use. The appeals court majority concluded, however, that the deadlines and requirements contained in the order are sufficiently immediate to force states to act before the federal policies are completed.
The current injunction originated with U.S. District Judge Indira Talwani, who ruled in June that several provisions of the executive order exceeded the president’s authority. Her decision prevented the administration from enforcing those portions while the states’ lawsuit moves forward.
By refusing to pause Talwani’s ruling, the appeals court preserved the injunction throughout the next stage of the case. The Trump administration may now ask the Supreme Court to intervene on an emergency basis as the broader appeal continues.
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