A federal appeals court in the US on Saturday rejected a request to suspend a court ruling that halted enforcement of former President Donald Trump's executive order tightening rules for voting by mail. The First Circuit Court of Appeals' 2-1 decision denied the motion to lift a preliminary injunction issued in June that blocked the order's enforcement in 23 states.
The Department of Justice (DOJ) had requested that the lower court's ruling be temporarily stayed while the appeal proceeds. The DOJ previously informed the court that it could seek emergency intervention from the Supreme Court if its request was denied.
The Trump administration had argued that federal agencies had not yet finalized the policies needed to implement the executive order, making the lawsuit premature. However, the appeals court's majority opinion ruled that the plaintiff states must begin preparations now due to election calendars.
The court opinion stated: "The order sets a rapidly approaching series of deadlines for states to coordinate with federal officials and comply with new voting procedures. The plaintiff states currently have no practical choice but to respond to the order."
Scope of the executive order
Executive Order 14399, signed by Trump in March as part of his election integrity agenda, directs the Department of Homeland Security (DHS) to compile and provide to states lists of US citizens eligible to vote, instructs the US Postal Service (USPS) to set new standards for mail-in ballots, and orders the Department of Justice to prioritize investigations of state and local election officials who provide federal ballots to ineligible individuals.
23 states file lawsuit
The lawsuit was filed by a total of 23 states and the District of Columbia, led by California, Massachusetts, Nevada and Washington. The states argue that the Constitution gives them primary responsibility for administering federal elections and that the president exceeded his authority by imposing new voting requirements on federal agencies.
In June, District Judge Indira Talwani ruled that many provisions of the order exceeded the president's authority and barred federal agencies from enforcing those provisions in the plaintiff states until the federal elections on November 3.
Saturday's appeals court ruling does not resolve the underlying legal challenge but ensures that Judge Talwani's injunction remains in effect while the appeal proceeds.
