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Court panel declines to block Trump’s mail ballot order, but its status for midterms remains unclear

The panel said the case is unripe because federal agencies have not issued implementing rules, setting up a clash with a 1st Circuit ruling.

  • A three-judge D.C. Circuit panel affirmed on Tuesday the denial of a preliminary injunction against President Donald Trump's executive order on mail-in voting, ruling the legal challenge premature because agencies have not yet issued implementing rules.
  • President Trump signed the executive order on March 31, 2026, directing the Department of Homeland Security and the U.S. Postal Service to compile citizenship lists and develop mail-in ballot procedures consistent with existing legal constraints.
  • This ruling creates a circuit split, directly contradicting a 1st Circuit decision that upheld an injunction blocking the order in 23 states and the District of Columbia. The D.C. panel indicated plaintiffs could return if specific unlawful implementations occur.
  • Solicitor General D. John Sauer appealed the ruling to the Supreme Court on Monday, arguing the injunction prevents implementation before the November election. The Court set an August 3 deadline for responses from challengers.
  • Critics argue the order represents an unconstitutional "power grab" over state-run elections, while the administration maintains it is necessary to prevent fraud. The Supreme Court must now determine whether to intervene in this dispute over federal versus state authority.
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U.S. News broke the news in Washington, United States on Tuesday, July 28, 2026.
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