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Trump’s mail-in voting order blocked in 23 states by federal appeals court

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A federal appeals court on Saturday barred the Trump administration from enforcing key parts of President Donald Trump’s executive order tightening mail-in voting rules in 23 Democratic-led states; It was 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 its June order blocking several provisions of Trump’s March executive order while the administration appeals.

The Ministry of Justice had previously told the court that it could seek emergency relief from the Supreme Court if the case was not won.

The administration argued that the lawsuit was premature because federal agencies had not finalized the policies needed to implement the executive order. But the appeals court found that the plaintiff states were already facing looming election deadlines and had begun preparing for potential changes.

AS THE STRUGGLE TO SAVE AMERICA INTENDS, OBAMA APPOINTED JUDGE BLOCKED TRUMP’S ELECTION ORDER

A federal appeals court has barred the Trump administration from enforcing key parts of President Donald Trump’s executive order tightening mail-in voting rules in 23 Democratic-led states. (Chris Kleponis/CNP/Bloomberg via Getty Image, File)

“Under the district court’s reasoning, (the executive order) makes clear the rapidly approaching deadlines by which states must coordinate with federal authorities and comply with new voting procedures,” the majority wrote. he 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.

This order directs the Department of Homeland Security (DHS) to compile lists of U.S. citizens certified as eligible to vote and make them available to states; It instructs the U.S. Postal Service (USPS) to establish new standards for mail-in ballots and directs the Department of Justice to prioritize investigations into state and local election officials who issue federal ballots to people deemed ineligible to vote.

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Woman holding a scanner processing mail-in ballots

An elections office worker scans mail-in ballots in Pennsylvania. (Fox News, File)

The lawsuit was filed by 23 states and the District of Columbia, led by California, Massachusetts, Nevada and Washington. The states argue that the Constitution gives them primary responsibility for administering federal elections and that the president overstepped his authority by ordering federal agencies to impose new voting requirements.

U.S. District Judge Indira Talwani agreed in June, ruling that some provisions of the executive order likely exceeded the president’s authority and prevented federal agencies from enforcing them in the plaintiff states through the Nov. 3 federal election.

Los Angeles election officials are sorting the ballots.

Ballots are received, sorted, and verified at the Los Angeles County ballot processing facility in Industry, California. (Robert Gauthier/Los Angeles Times)

Saturday’s decision does not resolve the underlying legal issue but leaves Talwani’s injunction in place while the appeal continues.

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The White House and the Justice Department did not immediately respond to Fox News Digital’s requests for comment.

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