A federal appellate panel on Tuesday declined to block President Donald Trump’s executive order restricting mail voting, but strongly suggested that any attempt to implement the sweeping changes before November’s midterm elections could face further intervention from the courts.
The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a May ruling by U.S. District Court Judge Carl J. Nichols, who found that a request by Democratic groups and voting rights organizations to enjoin the order was premature.
Nichols said the challengers could not seek an injunction until the Trump administration issued formal regulations carrying out the president’s directives. Federal agencies began releasing those directives days after his ruling.
Tuesday’s unsigned appellate decision did not address the underlying constitutionality of Trump’s order. Instead, the panel found that Nichols acted properly in declining to block provisions that had not yet been formally implemented.
There were no noted dissents from the panel, which included two judges appointed by former President Barack Obama and one appointed by Trump.
But the court raised serious doubts about whether the president has the authority — or enough time — to force states and the U.S. Postal Service to overhaul their election procedures before November.
“The action the Order contemplates would involve the President, whom the Constitution vests with no express authority over the conduct of elections, undertaking a substantial and unfunded overhaul of election procedures — the implementation of a nationwide reform to Postal Service mail-handling processes — on the threshold of the November election,” the panel of judges said.
The court added that the order “may not prove feasible to implement in any manner whatsoever.”
The ruling came one day after the Trump administration asked the U.S. Supreme Court to allow enforcement of the order in a separate case brought by Democratic state officials.
In that case, U.S. District Court Judge Indira Talwani of Massachusetts blocked key provisions of the order from taking effect in 23 states and the District of Columbia during the 2026 elections.
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The Boston-based First U.S. Circuit Court of Appeals upheld her injunction on Saturday, finding that the states were already facing deadlines and pressure to change their election systems.
The administration appealed to the Supreme Court on Monday, arguing that the states’ challenge was premature because federal agencies were still developing plans to implement the order. The justices have directed the challengers to respond by August 3. The administration’s Supreme Court filing asks the court to lift the Massachusetts injunction while the litigation continues.
Trump’s March order directs the federal government to create state-by-state lists of eligible voters based on citizenship information. It also calls on the Postal Service to deliver mail ballots only to voters appearing on those lists.
The states challenging the order contend that the Constitution gives state governments the primary responsibility for administering elections. Congress may establish rules for federal elections, but lawmakers have not authorized the system proposed by Trump.
The League of Women Voters, one of the organizations challenging the order in Washington, said Tuesday’s decision did not eliminate the threat to voters.
“While the court declined to block the executive order at this stage, the serious concerns surrounding this proposal remain,” LWV CEO Celina Stewart said. “The Constitution is clear: states are responsible for administering elections, and voters deserve election rules that are transparent, stable, and designed to expand participation—not create confusion or create new barriers to the ballot box.”
Stewart said seniors, military families, rural residents, voters with disabilities, caregivers and working people depend on mail voting.
“At a time when election officials should be able to focus on helping voters participate, this executive order threatens to inject confusion and fear into the process in ways that could deter eligible voters from casting their ballots,” she said.
Trump issued a separate election order last year seeking to establish a nationwide voter identification requirement and require documentary proof of citizenship from people registering to vote. The president is also urging Congress to enact similar requirements, but the legislation has stalled in the Senate amid opposition from Democrats and some Republicans.