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Court blocks federal voter list
A federal appeals court on Saturday upheld a ruling that blocked President Donald Trump’s executive order to create a federal list of eligible voters and limit delivery of mail ballots only to people on that list in nearly half of U.S. states.
The 1st U.S. Circuit Court of Appeals rejected the Trump administration’s effort to move forward with the mail-in voting restrictions in 23 U.S. states that sued ahead of November’s midterm elections.
Trump issued the order in March directing the head of US Citizenship and Immigration Services and the commissioner of the Social Security Administration to create a “state citizenship list” of eligible voters, and it ordered the U.S. Postal Service to deliver mail ballots only to people on that list.
U.S. District Court Judge Indira Talwani agreed with the challengers and blocked implementation of Trump’s order for the Nov. 3 elections, but only in the states that filed the lawsuit.
The Justice Department said in an emailed statement Sunday that it is “reviewing all options” for its next legal steps and remains confident the executive order will ultimately be upheld.
Arguments over election authority
The plaintiffs in the case argued that only the states and Congress are allowed to set the rules for an election, and they said Trump’s executive order was unconstitutional.
In the White House’s framing, Trump described the restrictions as safeguards to keep non-U.S. citizens from voting, and the CBS News account quotes him saying, "The cheating on mail-in voting is legendary," he said in the Oval Office before signing the executive order.
CBS News also reports that state election officials argued the measures were “ripe for abuse and could cause chaos,” while Democratic officials from 23 states and the District of Columbia challenged the order in a lawsuit filed in U.S. District Court in Boston.
FOX 2 Detroit adds that the judge’s ruling extended to 23 states and the District of Columbia where Democratic officials filed a lawsuit in the U.S. District Court in Boston.
FOX 2 Detroit further states that the executive order was signed on March 31 and required the Homeland Security Secretary to work with the Social Security Administration to create a list of citizens who live in each state and will be over the age of 18 at the time of the next federal election, then send it to the states.
What happens next in court
The appeals court decision left in place the Boston judge’s order blocking enforcement of Trump’s executive order in nearly two dozen states and the District of Columbia where Democratic officials had filed suit.
IndexBox says a three-judge panel of the US Court of Appeals for the 1st Circuit ruled it would not pause the lower court ruling that bars federal agencies from immediately enforcing Trump’s executive order.
IndexBox reports that judges Gustavo Gelpi and Julie Rikelman wrote in a joint opinion that the summary judgment record indicates the executive order has already placed an “incredible strain on state election officials and their teams,” citing compressed timelines and anticipated changes to state election processes.
IndexBox also says Judge Joshua Dunlap partially dissented, stating he would have allowed a section of the order that directs the Department of Homeland Security to prepare a list of potentially eligible US citizen voters as guidance for states.
The Associated Press account says the Justice Department told it that it is “reviewing all options” and expects the executive order will be upheld, while the CBS News report says the White House and the Justice Department did not immediately return an email message seeking comment Sunday.
