Appeals Court Blocks Trump Mail-In Voting Order In 23 Democrat-Led States, Setting Up SCOTUS Fight

Via American Greatness,

A federal appeals court sided with 23 Democrat-led states and blocked the Trump administration from enforcing key pieces of the president’s election integrity order, setting up a likely showdown at the Supreme Court just months before the midterms.

The 1st U.S. Circuit Court of Appeals ruled 2-1 to deny the Justice Department’s request to pause a lower court injunction while the administration’s appeal moves forward, leaving in place a ruling that stripped federal agencies of the power to enforce several provisions of President Donald Trump’s order in those states through the Nov. 3 elections.

The Justice Department has signaled it may now turn to the Supreme Court for emergency relief, a path the administration flagged earlier in the litigation should it fail to prevail at the appellate level.

Trump signed Executive Order 14399 in March, directing the Department of Homeland Security to compile lists of confirmed citizens eligible to vote and hand them to states, ordering the U.S. Postal Service to set new handling standards for mail-in ballots, and instructing the Justice Department to prioritize investigations of state and local officials who send federal ballots to people who should not receive them.

The measures represent one of the most significant pushes yet from the administration to shore up confidence in an election system Republicans have long argued is vulnerable to fraud and error, particularly through loosely regulated mail voting.

The administration argued the lawsuit was filed too soon, since federal agencies had not yet finalized the rules needed to carry out the order. The panel’s majority rejected that argument, finding the states already faced fast-approaching deadlines tied to the order and had no choice but to begin preparing for compliance.

“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.”

The lawsuit, led by California, Massachusetts, Nevada and Washington, was joined by 19 other states and the District of Columbia, all governed by Democrats who have resisted the administration’s election security efforts from the start.

The states claim the Constitution gives them, not the president, primary authority over administering federal elections, an argument U.S. District Judge Indira Talwani accepted in June when she ruled several provisions likely exceeded Trump’s authority.

Saturday’s decision does not settle the underlying dispute over presidential power but keeps Talwani’s injunction intact while the case winds through the courts, a delay that could push final resolution dangerously close to the midterms.

Critics of the ruling argue that leaving basic safeguards, like verifying citizenship and tightening mail-ballot standards, in legal limbo only benefits officials in blue states with a history of loose election administration.