First Circuit Court Rejects Trump Mail-In Voting Order Ahead of November 2026 Elections
The Boston-based First U.S. Circuit Court of Appeals refused on July 25, 2026, in a 2-1 decision, to let the Trump administration enforce its executive order restricting mail-in voting in 23 states. The ruling keeps in place an injunction won by a coalition of Democratic-led states on June 25 from U.S. District Judge Indira Talwani, who found key parts of the order unconstitutional.
The Department of Justice had asked the appeals court to pause Talwani’s ruling while it pursues an appeal. The DOJ’s argument was that because federal agencies had not yet finalized how they would implement Trump’s directive, any lawsuit was premature. The appeals court rejected that framing outright.
“The Plaintiff States have no practical choice but to respond to the [order] now.”
First U.S. Circuit Court of Appeals, 2-1 majority ruling, July 25, 2026
The court’s reasoning was direct: Trump’s order set firm deadlines requiring states to coordinate with federal officials and adopt new voting procedures before both the September primaries and November general elections. Waiting for agencies to finish rulemaking would leave states with no time to comply or challenge the rules.
The November 2026 elections will decide control of Congress, which makes the timing of this legal fight consequential. Trump signed the executive order in March 2026, building on years of false claims that widespread mail-in ballot fraud cost him the 2020 election. Under the U.S. Constitution, states hold primary authority over how federal elections are administered.
The administration is not done fighting. The DOJ warned that if the First Circuit ruled against it, it may ask the Supreme Court to intervene. A separate federal judge in Washington D.C. had already declined to block Trump’s order on related grounds, meaning the legal landscape is split. The Supreme Court, with its 6-3 conservative majority, remains the administration’s clearest path to reinstating the restrictions before November.
The mail-in voting order is one piece of a broader push. Trump has also made passing the Save America Act a congressional priority. That bill would impose a sweeping package of voting restrictions nationwide. A prior executive order requiring proof of citizenship to register to vote has also been blocked by courts.
The 23 states covered by the injunction will continue operating under their existing mail-in voting rules for now. That protection could disappear quickly if the Supreme Court grants an emergency stay.
What You Can Do Now
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Call your U.S. senators at (202) 224-3121 and tell them to vote no on the Save America Act. The bill is still pending in Congress and would impose federal voting restrictions that courts have not yet blocked.
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Contact your state attorney general. The coalition of Democratic-led states that won the June 25 injunction is still litigating this case. Find your state AG at naag.org/find-my-ag and tell them to stay in the fight.
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Request your mail-in ballot now if your state allows early requests. Rules could shift if the Supreme Court grants an emergency stay. Find your state’s deadline at vote.gov.
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Check your voter registration status at vote.org/am-i-registered-to-vote. The executive order’s citizenship documentation requirements may still resurface in another legal proceeding before November.
Sources
- Sen. Lee wants to skip recess to save the SAVE America Act - Democracy Docket — Democracy Docket (via Google News) (2026-07-26)
The Guardian: Appeals Court Rejects Trump Bid to Curb Mail-In Voting in 23 States Brennan Center for Justice: State Authority Over Federal Election Administration Vote.gov: How to Vote by Mail in Your State National Association of Attorneys General: Find My AG Directory
now.”, First U.S. Circuit Court of Appeals, 2-1 majority, July 25, 2026, The Guardian]