Washington — A federal appeals court has denied the Trump administration’s request to lift a lower court’s order blocking new mail ballot rules before the midterms. This case has already reached the Supreme Court.
On Thursday, a three-judge panel from the First Circuit Court of Appeals issued a nine-page opinion. They stated the administration failed to show that the new U.S. Postal Service rule would avoid ‘chaos and widespread voter disenfranchisement.’ A lower court had found these issues earlier in the month.
The appellate panel noted, ‘Appellants have not even seriously challenged this aspect of the district court’s ruling, much less demonstrated why it is clearly erroneous.’ They emphasized there is no evidence of past or impending fraud related to the November 3 election, countering President Trump’s fraud claims.
The panel, consisting of Judges Gustavo A. Gelpí, Julie Rikelman, and Seth Aframe, all appointed by President Joe Biden, argued the new rule would likely disenfranchise millions while offering minimal benefits against voter fraud.
The panel further wrote, ‘Appellants have not made a strong showing that the district court erred in determining that the Final Rule is likely unlawful.’ They agreed that the rule should be regulated by the States and Congress, not an executive agency like the Postal Service.
Last week, U.S. District Judge Indira Talwani issued a preliminary injunction against the rule. The administration appealed to both the First Circuit and the Supreme Court. The Supreme Court has not ruled on the stay request yet.
The final rule from the Postal Service, deemed likely unconstitutional by Judge Talwani, mandates states and localities to meet design requirements for mail ballots. This includes unique barcodes, submitting voter data through an online portal, and verifying ballot mail compliance. Non-compliant ballots would be rejected.
Over the weekend, the Trump administration asked the Supreme Court to intervene for the third time. Solicitor General D. John Sauer argued in filings that the rule is a lawful USPS authority under statutory directives.

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