A U.S. appeals court has upheld a lower court’s decision to block key parts of Donald Trump’s executive order overhauling mail voting, delivering a legal setback to the administration just months before the November midterm elections.
For context: The ruling applies to nearly two dozen states and the District of Columbia, where Democratic officials sued to challenge the order. While not nationwide, the decision restricts the federal government’s ability to enforce the policy before voters cast ballots.
Court Rejects Justice Department’s Appeal
The 1st Circuit Court of Appeals in Boston refused to pause a district judge’s injunction, which found Trump’s directives unlawful. A three-judge panel ruled that states suing the administration had demonstrated sufficient harm to proceed with their case.
In a joint opinion, Judges Gustavo Gelpí and Julie Rikelman—both appointed by President Joe Biden—wrote that the executive order had already “produced an incredible strain” on state election officials. Judge Joshua Dunlap, a Trump appointee, partially dissented, arguing one section of the order should have been allowed to proceed.
Legal Battle Over Voting Policies Intensifies
The Justice Department has not ruled out appealing to the U.S. Supreme Court, stating it remains “confident” the order will ultimately be upheld. The department is reviewing its options after the latest setback.
At issue is a provision directing the Department of Homeland Security to compile a list of potentially eligible U.S. citizen voters. States challenging the order argued the language could expose them to criminal liability if they failed to use the federal list. The administration countered that the list was meant only as guidance for local election officials.
What Happens Next
Multiple lawsuits remain pending, including one filed by the Democratic National Committee and congressional leaders. With control of Congress at stake in November, both parties are racing to shape election rules before ballots are cast.
The Boston injunction does not apply nationwide, but legal experts say it complicates the administration’s efforts to implement the policy before Election Day. Observers will watch whether the Justice Department escalates the case to the Supreme Court in the coming weeks.
