Judge allows Trump’s mail-in ballots plan to proceed, at least for now
A federal judge on Wednesday temporarily allowed President Donald Trump to move forward with his effort to exert federal control over mail-in ballots ahead of the midterm elections.
U.S. District Court Judge Indira Talwani in Boston lifted a nationwide injunction following a Supreme Court decision favoring Trump in a similar case Monday. However, key parts of the executive order could still be blocked, possibly later Wednesday.
The order directs the U.S. Postal Service to track mail-in ballots and potentially reject ballots from people not on a federal list of eligible voters. Multiple legal challenges are pending because the proposal conflicts with states’ traditional role in administering elections.
The Supreme Court Monday lifted an injunction blocking the order in a case brought by California and 22 other states, but left a separate injunction in a case brought by groups including the League of Women Voters. Talwani, who oversees both cases, lifted that injunction Wednesday.
The 6-3 Supreme Court said Talwani acted too hastily but did not rule on whether the order or Postal Service regulation implementing it is lawful. Talwani reluctantly lifted the injunction, saying challengers have “substantial arguments” that could persuade the justices to reach a different result.
Both the League of Women Voters and the states plan to challenge the regulation.
Talwani, appointed by President Barack Obama, said Tuesday that the administration violated her original injunction by issuing the regulation despite her order not to. She declined to sanction the government, saying she was only “identifying the violation.”
