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Appeals Court Keeps Trump Mail‑In Voting Order Blocked in 23 States

The ruling forces a likely Supreme Court decision that could fragment ballot rules before midterm deadlines.

Overview

  • A three‑judge panel of the 1st U.S. Circuit Court of Appeals refused to lift a lower‑court injunction on July 25, leaving U.S. District Judge Indira Talwani’s block on key parts of President Trump’s March executive order in place for the 23 plaintiff states and the District of Columbia.
  • President Trump’s order directed DHS, with USCIS and the Social Security Administration, to compile state lists of confirmed U.S. citizens, instructed USPS to deliver mail ballots only to voters on state mail‑in lists, and told DOJ to prioritize probes of officials who issue ballots to allegedly ineligible people.
  • The appeals court majority said the order would impose unprecedented federal control over how states run elections and could cause confusion and disenfranchise eligible voters if implemented close to the November midterms.
  • Because the injunction covers only the states that sued, enforcement could vary by jurisdiction and the Postal Service’s separate proposed rules on ballot manifests and serialized barcodes add more practical uncertainty for election officials and voters.
  • The Justice Department filed an emergency appeal to the U.S. Supreme Court on July 27 seeking permission to implement the order while the case proceeds, setting up a fast legal showdown over federal authority and state control of federal elections.