D.C. Circuit Expedites Usps Mail Ballot Proposal Appeal on Trump Order
The D.C. Circuit Court of Appeals on Thursday expedited the Democratic plaintiffs’ appeal seeking to block President Donald Trump’s usps mail ballot proposal. The case now moves on an accelerated schedule after U.S. District Judge Carl Nichols left the March order in place last month.
The plaintiffs’ opening brief is due June 17. The Trump administration and Republican states defending the order must respond by June 29, and the reply is due July 6 before a three-judge panel.
Trump’s March order
Trump signed the order in March. It directs the Department of Homeland Security to work with the Social Security Administration to create lists of verified U.S. citizens eligible to vote in each state, and it directs the U.S. Postal Service to restrict delivery of mail-in and absentee ballots based on approved lists submitted by states.
Judge Nichols declined last month to issue a preliminary injunction, saying the challenge was premature because federal agencies had not yet taken enough concrete steps to implement the order. That ruling left the order in place while the lawsuit continued.
Postal Service rulemaking
After Nichols’ ruling, the Postal Service issued a proposed rule. It would require states to provide information about voters receiving mail-in or absentee ballots, attach unique barcodes to ballot envelopes, and submit information through a federal ballot-mail portal.
The proposal says it would not apply to primary elections or to ballots covered by the federal law protecting military and overseas voters. A court filing last week also disclosed that DHS had approved a plan to create a federal voter citizenship verification system.
Three-judge panel
Oral arguments will go before Circuit Judges Patricia Millett, Robert Wilkins, and Gregory Katsas. Millett and Wilkins were appointed by former President Barack Obama, while Katsas was appointed by Trump; Katsas would have denied the motion to expedite.
For states and voters who rely on mail-in and absentee ballots, the dispute now turns to whether the appellate court acts before the Postal Service proposal advances further. The accelerated briefing schedule puts the challenged order and the proposed rule on the same fast track through July 6.
