The three-judge panel of the U.S. Court of Appeals for the District of Columbia upheld a May ruling by U.S. District Court Judge Carl J. Nichols that said an injunction against the order was premature. Nichols ruled that the Democrats and voting rights groups who challenged the order couldn’t seek the injunction until the Trump administration issued formal regulations governing it. The administration started releasing those directives days later.
The circuit court panel, with two judges appointed by former Democratic President Barack Obama and one by Trump, found that was proper and there were no noted dissents. But the unsigned decision noted that if the administration truly tried to force such changes in the few months remaining before November’s midterm election, it may well get halted by courts.
“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 — including the implementation of a nationwide reform to Postal Service mail-handling processes —on the threshold of the November election. Put differently, the Order ‘may not prove feasible to implement in any manner whatsoever,’” said the ruling, quoting a prior legal opinion.
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