Appeals court gives Trump temporary win in mail-in voting fight
A federal appeals court in Washington, D.C., handed the Trump administration a temporary win on Friday in its attempt to increase federal oversight of elections.
In a unanimous ruling, a three-judge panel of the D.C. Circuit Court of Appeals put on hold a lower court ruling, which had blocked the U.S. Postal Service from attempting to restrict mail-in voting.
However, the Trump administration does not yet have a green light to move forward nationwide with the proposed rule. A separate judge in Massachusetts blocked the policy last month in the 23 states and the District of Columbia -- which brought the lawsuit -- and that injunction still stands for now.
The cases center on a proposed rule from the U.S. Postal Service that sought to compel states to create lists of approved voters, as well as impose stricter regulations on mail-in ballots.
Last month, Postmaster General David Steiner told the Senate Homeland Security and Governmental Affairs Committee that under the proposed rule, the Postal Service would refuse to deliver mail-in ballots in states that do not turn over their voter lists.
"Yes or no -- if a state refuses to turn their absentee voter list over to the federal government, will the Postal Service still mail their ballots under this proposed rule?" asked Sen. Gary Peters, D-Mich.
"Under our proposed regulation, no. We would tell the state that we need the manifest," Steiner said.
The NAACP, which brought the lawsuit, had previously sued the Postal Service in 2020, seeking to challenge delays in delivering mail-in ballots heading into that year's presidential election. The two sides settled in 2021, with the Postal Service agreeing to "prioritiz[e] . . . the timely delivery of Election Mail" for every national election through 2028.
In Friday's ruling, the appeals court said the Trump administration is likely to succeed because the lawsuit is premature -- since the rule itself is not yet finalized -- and not covered by a 2021 settlement between the NAACP and Postal Service.
The appeals court also said the Trump administration demonstrated they would be irreparably harmed if the Postal Service can't finalize and implement the rule in time for the midterms.
"In this context, 'there can be no do over' once the election occurs," the ruling said.
While the Trump administration cannot yet move forward with the new rule, the D.C. Circuit's ruling signals that the Trump administration may be able convince other appeals courts to let them implement the policy while the lawsuits move through the courts -- potentially past the November elections.
In a statement, a spokesperson for U.S. Postal Service said, "Because of pending litigation, we have no response to offer on any questions related to the Executive Order or the proposed rule."
