A federal appellate panel has declined to suspend President Donald Trump’s executive order aimed at curtailing mail voting. This decision follows the administration’s recent appeal to the U.S. Supreme Court in a separate case. The panel from the U.S. Court of Appeals for the District of Columbia supported a May ruling by U.S. District Court Judge Carl J. Nichols, who deemed an injunction against the order as premature. Nichols argued that the Democrats and voting rights groups challenging the order must wait for the formal regulations from the Trump administration before seeking an injunction. The administration began issuing these regulations shortly thereafter.
The circuit court panel, including two judges appointed by former President Barack Obama and one by Trump, found Nichols’ ruling appropriate without any dissent recorded. Their decision noted that if the administration proceeded with such significant electoral changes, especially so close to the November midterm elections, court intervention might occur. The unsigned decision cited a previous legal opinion, stating, “The action the Order contemplates would involve the President, whom the Constitution vests with no express authority over the conduct of elections, undertaking a substantial and unfunded overhaul of election procedures — including the implementation of a nationwide reform to Postal Service mail-handling processes — on the threshold of the November election. Put differently, the Order ‘may not prove feasible to implement in any manner whatsoever.’”
Meanwhile, in a separate case brought by Democratic state officials, a Massachusetts federal judge previously blocked the executive order from impacting this year’s elections. This was because the order compelled states to hastily adapt their election procedures. The Boston-based appeals court upheld this ruling, which the Trump administration appealed to the U.S. Supreme Court.
The U.S. Postal Service has not commented on actions related to Trump’s executive order. However, the union representing postal workers, who oppose the order, stated its members were directed to set up an online portal for voter information submission required for mail ballot eligibility. American Postal Workers Union President Jonathan Smith explained in an interview, “The IT people in the background are moving forward with creating the portals to make sure that we can accomplish the task if given to us.”
Since his election defeat to Democrat Joe Biden in 2020, Trump has endeavored to alter voting practices, with courts frequently blocking such initiatives, citing lack of authority. The executive order issued in March directed the creation of an eligible voter list and instructed the Postal Service to only deliver ballots to individuals on that list. Legal challenges stipulate that the Constitution allows states to control elections, not the president, and Congress has not passed legislation to change federal election procedures.
Trump previously signed an election-related executive order requiring voter ID and proof of U.S. citizenship for voter registration. He also urged Congress to pass comprehensive voting legislation imposing such citizenship verification, which has stalled in the Senate due to opposition from Democrats and some Republicans.
Associated Press writer John Hanna in Topeka, Kansas, contributed to this report.
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