Overview
- A three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston, in a 2–1 decision on Saturday, denied the Justice Department’s request to pause a June injunction that blocks key parts of President Trump’s executive order in 23 states and the District of Columbia.
- The injunction stems from U.S. District Judge Indira Talwani’s June finding that the order likely exceeded presidential authority by directing DHS to compile citizenship-based voter lists and by pressuring USPS to limit delivery of mail ballots.
- Trump’s March order would have required DHS to send states a list of confirmed citizens, asked states to share voter manifests and ballot barcodes with USPS, and directed DOJ to pursue officials who did not comply, which federal judges said raised constitutional and statutory problems.
- The Justice Department said it may seek emergency relief from the U.S. Supreme Court, leaving the order blocked in the plaintiff states while parallel litigation and partial rulemaking continue in other courts.
- The ruling creates near-term operational uncertainty for state election officials facing September and November deadlines, and it highlights a larger federalism fight over whether the executive branch can impose nationwide rules on state-run federal elections.