The Trump administration has asked the US Supreme Court to allow mail-in ballot restrictions. The emergency appeal was made 99 days before the November midterm elections.
A federal appeals court on Saturday kept the restrictions blocked in 23 US states. The ruling applies only to the states covered by the lawsuit.
US President Donald Trump's executive order directs federal agencies to create voter eligibility lists and restricts US Postal Service delivery of mail ballots to listed voters. The executive order was issued in March.
A coalition of 23 US states and the District of Columbia sued to block the order. The coalition argues US President Donald Trump lacks the authority to impose federal rules on state-administered elections.
Court rulings and legal arguments
US District Court Judge Indira Talwani blocked the executive order in June. She wrote that the Constitution reserves the power to determine voter eligibility to the States alone.
Unprecedented levels of involvement by federal officials
The 1st US Circuit Court of Appeals majority said the order would impose unprecedented levels of involvement by federal officials in how states administer elections. The majority said the order risks confusion and voter disenfranchisement.
Even a Trump appointee on the three-judge panel agreed in a separate opinion that the president's order could impose concrete injury to legal voting.
The US Department of Justice argued the challenge was premature because agencies had not finalized policies. US Solicitor General D. John Sauer said the injunction preemptively decided that whatever agencies do will be unlawful.
Sauer argued the court's incursion imposes irreparable harm by impeding the President's efforts to secure election integrity. A separate federal appeals court in Washington, DC, recently lifted a broader injunction against the Postal Service rule.
Political context and legislative push
US President Donald Trump promoted the changes as safeguards against illegal voting. He repeatedly alleged widespread fraud in mail-in voting despite a lack of evidence.
The cheating on mail-in voting is legendary
Democrats and voting-rights groups say the order could prevent eligible voters from receiving or returning mail ballots. Voting rights groups fear the president's efforts aim to boost Republican candidates and suppress Democratic turnout.
The change is one component of US President Donald Trump's effort to make sweeping changes to how elections are conducted. US President Donald Trump is pressing Congress to pass legislation imposing a national voter-ID requirement and proof of citizenship to register.
US President Donald Trump is simultaneously demanding the Senate pass his SAVE America Act. The SAVE America Act would require proof of citizenship to register to vote.
US President Donald Trump calls on Republican senators to blow up the Senate filibuster to pass the SAVE America Act. A false claim that millions of noncitizens are voting in US federal elections is fueling the push for the act.
Noncitizen voting in US federal elections has been shown to be rare. US President Donald Trump has spent years baselessly insisting that voting by mail is ripe for fraud.
The voter eligibility lists would be compiled by the US Department of Homeland Security and the US Social Security Administration. Federal officials admitted that data compiled by the federal government was set to be handed off to state election officials before citizens could check their information.
Judge Talwani found that federal agencies lack the ability to create complete and accurate lists of US citizens residing in every state. The executive order also requires ballots to be delivered in secure, trackable envelopes.
The order authorizes the federal government to withhold funding from states that do not comply. The US Constitution directs states to administer most election oversight.
The US Department of Justice has threatened criminal charges against election officials in every state if they knowingly permit noncitizens to vote or remain on voter rolls. Election officials and voting rights groups fear the administration's threats could be used to intimidate election workers and chill voter participation.
Walter Garcia, spokesperson for California Attorney General Rob Bonta, said they look forward to filing their response. He noted the deadline was set by Justice Jackson.