A three-judge panel of the U.S. Court of Appeals for the District of Columbia on Tuesday refused to block President Donald Trump’s executive order aimed at restricting mail voting. The panel upheld a May ruling from U.S. District Court Judge Carl J. Nichols that determined an injunction against the order was premature. Nichols had stated that Democratic and voting rights groups challenging the order could not seek the injunction until the Trump administration issued formal regulations implementing it. The administration began releasing those directives days later.
The appellate panel, comprised of two judges appointed by former President Barack Obama and one by Trump, found that the lower court’s reasoning was sound, with no noted dissents. However, the unsigned decision indicated concerns about implementation timing. The court stated that if the administration attempted to force such changes in the months remaining before the November midterm election, courts would likely intervene, given that the Constitution grants no express authority over elections to the president and such changes would constitute a substantial and unfunded overhaul of election procedures.
In a separate case involving Democratic state officials, a federal judge in Massachusetts blocked the executive order from taking effect for this year’s elections, determining that it forced states to revise their procedures hastily. That ruling was upheld by a Boston-based appeals court and subsequently appealed to the U.S. Supreme Court by the Trump administration on Monday. The Postal Service did not immediately comment on implementation steps, but the American Postal Workers Union stated its members were being directed to prepare an online portal through which voters would submit information to qualify for mail ballots.
Trump has pursued multiple attempts to unilaterally alter voting procedures since beginning his second term, facing court blockades each time. The administration’s March executive order directed the federal government to create an eligible voter list and tasked the Postal Service with delivering ballots only to those listed. Lawsuits challenging the order argue that the Constitution vests election control with states, not the president, and that Congress holds authority to change federal election procedures through legislation.
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