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Court panel declines to block Trump’s mail ballot order, but its status for midterms remains unclear

The panel said the order may proceed because agencies have not yet written implementing rules, leaving the administration’s emergency Supreme Court bid unresolved.

  • A three-judge D.C. Circuit panel affirmed on Tuesday the denial of a preliminary injunction against President Donald Trump's executive order on mail-in voting, ruling the legal challenge premature because agencies have not yet issued implementing rules.
  • President Trump signed the executive order on March 31, 2026, directing the Department of Homeland Security and the U.S. Postal Service to compile citizenship lists and develop mail-in ballot procedures consistent with existing legal constraints.
  • This ruling creates a circuit split, directly contradicting a 1st Circuit decision that upheld an injunction blocking the order in 23 states and the District of Columbia. The D.C. panel indicated plaintiffs could return if specific unlawful implementations occur.
  • Solicitor General D. John Sauer appealed the ruling to the Supreme Court on Monday, arguing the injunction prevents implementation before the November election. The Court set an August 3 deadline for responses from challengers.
  • Critics argue the order represents an unconstitutional "power grab" over state-run elections, while the administration maintains it is necessary to prevent fraud. The Supreme Court must now determine whether to intervene in this dispute over federal versus state authority.
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Trump administration rules out mass ICE enforcement at the polls in midterms

WASHINGTON — U.S. Immigration and Customs Enforcement is not planning an aggressive campaign at voting sites during the upcoming midterm elections, the Department of Homeland Security said Thursday in response to a States Newsroom inquiry about a letter from U.S. Senate Democrats voicing concerns about armed federal agents at polling places. ICE, an agency within […]

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U.S. News broke the news in Washington, United States on Tuesday, July 28, 2026.
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