Boston appeals court blocks Trump's mail-in voting order in 23 states ahead of November midterms
A 2-1 ruling by the First Circuit upholds a lower court decision that the president's March executive order is unconstitutional, as midterm elections approach in November.
What the court decided
A federal appeals court in Boston refused to lift a preliminary injunction blocking President Donald Trump's executive order on mail-in voting, leaving the order frozen in 23 states. The three-judge panel voted 2-1 on July 25, rejecting the Department of Justice's argument that a lawsuit challenging the order was premature because agencies had not yet finalized the measures. The judges said the order sets clear and rapidly approaching deadlines that states must meet, giving the suing states no choice but to react now.
The ruling upholds a lower court decision from late June that found major parts of the decree unconstitutional. The Department of Justice had warned before the decision that it might appeal an adverse ruling to the US Supreme Court.
Trump's executive order
Trump signed the order in March 2026, directing the Department of Homeland Security to compile lists of eligible voters across the country. It also required the US Postal Service to deliver mail ballots only to voters whose names appear on state-approved lists. The president has for years insisted that his 2020 election loss to Joe Biden was the result of massive voter fraud, claims that courts and election reviews have rejected.
Critics said the order sought to expand federal control over a voting system traditionally administered by the states. In the US, each of the 50 states organizes its own elections.
Lower court's constitutional reasoning
The district judge who first halted the order ruled that the president lacks the authority to issue such instructions. The judge said the president cannot intimidate local election officials with the threat of criminal prosecution. The appeals court left that reasoning in place.
Mail-in voting and the midterms
There is no evidence that mail-in voting is less secure than in-person voting. The practice is standard in countries including Germany, the United Kingdom and Canada. Democracy organizations say mail-in voting enables millions of Americans to cast ballots, including those who cannot leave their homes because of a disability.
The legal fight comes as the November 2026 midterm elections draw closer. The ballot access rules in place will shape how tens of millions of people vote.
- President Trump signs executive order tightening mail-in voting rules.
- District judge rules major parts of the order unconstitutional, blocks implementation.
- First Circuit appeals court upholds the block in a 2-1 vote, rejecting DOJ's request to lift injunction.
- US midterm elections take place.
What comes next
The Department of Justice previously indicated it may ask the US Supreme Court to intervene. As of now, the executive order remains blocked in the 23 states covered by the injunction.
