A federal appeals court has refused to allow the Trump administration to enforce key provisions of an executive order tightening mail-in voting rules, delivering a legal setback that could push the dispute toward the US Supreme Court before November’s midterm elections.
The 1st US Circuit Court of Appeals issued a 2-1 decision on Saturday, denying the Department of Justice’s request to pause a lower court’s injunction while the administration appeals. The ruling leaves in place a June order blocking several elements of the March directive in 23 Democratic-led states and the District of Columbia.
What the executive order sought to change
President Donald Trump signed Executive Order 14399 in March, framing it as part of his election integrity agenda. The directive instructed federal agencies to take three concrete steps: the Department of Homeland Security would compile lists of confirmed US citizens eligible to vote and share them with states; the US Postal Service would establish new standards for mail-in ballots; and the Justice Department would prioritise investigations into state and local officials who issued federal ballots to individuals deemed ineligible.
The 23 plaintiff states, led by California, Massachusetts, Nevada and Washington, argued the order overstepped the president’s authority. They maintained that the Constitution grants states primary responsibility for administering federal elections, and that the executive branch lacked the power to impose new voting requirements unilaterally.
Court finds states face ‘looming deadlines’
The appeals court majority agreed with the district court’s reasoning that the executive order set “rapidly approaching deadlines” for state compliance. “The Plaintiff States have no practical choice but to respond to the order now,” the judges wrote, noting that election preparations were already underway.
The administration had argued the lawsuit was premature, as federal agencies had not yet finalised the policies needed to implement the order. The DOJ had previously indicated it would seek emergency relief from the Supreme Court if the appeals court ruled against it—a step that now appears likely.
What happens next in the legal battle
Saturday’s decision does not resolve the underlying legal challenge but maintains the injunction blocking enforcement of the order in the plaintiff states through the November federal elections. The White House and Justice Department have not yet commented on the ruling.
Legal observers expect the administration to file an emergency appeal with the Supreme Court in the coming days, setting the stage for a high-stakes showdown over federal authority in election administration before voters head to the polls.
