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A federal appeals court on Saturday refused to let the Trump administration enforce key parts of President Donald Trump’s executive order tightening mail-in voting rules in 23 Democratic-led states, a setback that could send the administration to the U.S. Supreme Court ahead of this year’s midterm elections.
In a 2-1 decision, the 1st U.S. Circuit Court of Appeals denied the Department of Justice’s (DOJ) request to pause a June ruling blocking several provisions of Trump’s March executive order while the administration appeals.
The DOJ previously told the court it could seek emergency relief from the Supreme Court if it did not prevail.
The administration argued the lawsuit was premature because federal agencies had not finalized the policies needed to implement the executive order. But the appeals court found the plaintiff states were already facing looming election deadlines and had begun preparing for potential changes.
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“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.”
Trump signed Executive Order 14399 in March as part of his election integrity agenda.
The order directs the Department of Homeland Security (DHS) to compile lists of confirmed U.S. citizens eligible to vote and provide them to states, instructs the U.S. Postal Service (USPS) to establish new standards for mail-in ballots and directs the Justice Department to prioritize investigations into state and local election officials who issue federal ballots to people deemed ineligible to vote.
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The lawsuit was brought by 23 states and the District of Columbia, led by California, Massachusetts, Nevada and Washington. The states argue the Constitution gives them primary responsibility for administering federal elections and that the president exceeded his authority by directing federal agencies to impose new voting requirements.
U.S. District Judge Indira Talwani agreed in June, ruling that several provisions of the executive order likely exceeded the president’s authority and blocking federal agencies from implementing them in the plaintiff states through the Nov. 3 federal elections.
Saturday’s ruling does not resolve the underlying legal challenge but leaves Talwani’s injunction in place while the appeal proceeds.
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The White House and the Justice Department did not immediately respond to Fox News Digital’s requests for comment.