A federal appeals court on Saturday declined to allow the Trump administration to enforce parts of President Donald Trump's executive order that aimed to tighten mail-in voting rules in 23 states led by Democratic governors. The 1st U.S. Circuit Court of Appeals issued a 2-1 decision denying the Department of Justice's request to pause a previous ruling that blocked several provisions of the executive order while the administration appeals. The DOJ indicated it might seek emergency relief from the Supreme Court if the appeal was unsuccessful.
The court noted that the plaintiff states were already facing deadlines related to the upcoming elections and had begun preparations for potential changes. The majority opinion stated, "The Plaintiff States have no practical choice but to respond to the (order) now."
Trump's Executive Order 14399, signed in March, was part of his election integrity agenda and directed the Department of Homeland Security to compile lists of eligible voters and establish new standards for mail-in ballots. The lawsuit was initiated by 23 states and the District of Columbia, led by California, Massachusetts, Nevada, and Washington, which argued that the Constitution grants them the primary responsibility for administering federal elections and that the president overstepped his authority.
U.S. District Judge Indira Talwani had previously ruled that several provisions of the executive order likely exceeded presidential authority and blocked their implementation in the plaintiff states through the federal elections scheduled for November 3. The recent ruling maintains Talwani's injunction while the appeal is ongoing. The White House and the Justice Department have not yet responded to requests for comment.