The 1st U.S. Circuit Court of Appeals has dealt a major setback to the Trump administration by ruling 2-1 to keep a lower-court injunction in place, blocking President Donald Trump's March 2026 mail-in voting executive order in 23 states and the District of Columbia. U.S. District Judge Indira Talwani previously ruled the order unconstitutional, finding that the president lacked authority to direct federal agencies like the DHS and USPS to enforce voter eligibility checks. The Justice Department has indicated it may appeal to the U.S. Supreme Court.
Federal appeals court ruling
- ▪The 1st U.S. Circuit Court of Appeals ruled 2-1 on July 25, 2026, to deny the Trump administration's request to pause a lower-court injunction blocking an executive order on mail-in voting.
- ▪The 1st U.S. Circuit Court of Appeals ruling keeps the mail-in voting restrictions blocked in 23 states and the District of Columbia ahead of the November 2026 midterm elections.
Trump mail-in voting order
- ▪The March 2026 executive order directs the Justice Department to prioritize the investigation and prosecution of state and local election officials who issue ballots to ineligible voters.
- ▪The March 2026 executive order directs the Department of Homeland Security to compile a list of confirmed U.S. citizens eligible to vote using federal databases.
- ▪The March 2026 executive order requires the U.S. Postal Service to deliver ballots only to voters on each state's approved mail-in ballot list.
- ▪President Donald Trump signed the election-related executive order in March 2026, directing federal agencies to tighten rules on mail-in voting.
State election administration authority
- ▪Under the United States Constitution, state and local officials are assigned the primary role of administering federal elections.
- ▪The 1st U.S. Circuit Court of Appeals majority noted that the executive order imposes unprecedented levels of involvement by federal officials in how states administer elections.
Lower court injunction
- ▪U.S. District Judge Indira Talwani ruled that President Donald Trump lacked the authority to direct the Department of Homeland Security to compile voter eligibility lists.
- ▪U.S. District Judge Indira Talwani ruled that the U.S. Postal Service had no statutory authorization to adopt binding regulations on mail-in voting.
- ▪U.S. District Judge Indira Talwani issued an injunction on June 25, 2026, concluding that key parts of President Donald Trump's mail-in voting order were unconstitutional.
Justice Department appeal arguments
- ▪The Department of Justice argued that the lawsuit challenging the executive order was premature because federal agencies had not yet finalized policies to implement the directive.
- ▪The Department of Justice warned that it may ask the U.S. Supreme Court to intervene if the 1st U.S. Circuit Court of Appeals did not rule in its favor.
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