A federal judge refused Thursday to block President Donald Trump’s executive order to illegally limit mail-in voting, clearing the way to disenfranchise millions of voters for the upcoming midterm elections. U.S. District Judge Carl Nichols, a Trump appointee based in Washington, rejected the challenge from Democrats and civil rights groups. He sided with the Trump administration’s argument that it was too soon to block the order because it hadn’t actually been implemented yet.“The Court recognizes that the Postal Service may ultimately issue a final rule that directly affects Plaintiffs or their members, or that the Government may develop State Citizenship Lists that omit specific individuals due to particularized flaws,” Nichols wrote in his ruling. “Plaintiffs may, of course, renew their motions if and when those future actions occur. Until then, however, Plaintiffs cannot show that preliminary injunctive relief is warranted.”Trump’s executive order, signed in late March, directed that states could notify the U.S. Postal Service whether they plan to allow mail-in or absentee ballots up to 90 days before a federal election, and “should” notify the agency whether they intend to supply a list of eligible voters within 60 days of the election. The order also directed USPS to produce a set of mail-in and absentee participation lists for each state, and to refuse to deliver ballots for anyone who is not on the lists. There is no law that requires states to provide this information to the USPS, or authorizes USPS to require states to provide that data. Trump’s order has been described by Democratic leaders as a “desperate, illegal power grab” and “laughably unconstitutional.”A judge could still oppose Trump’s executive order as part of a separate legal challenge in Boston. But in the meantime, the way is clear for USPS to make rules that could prevent millions from voting during the upcoming midterm elections. Democratic lawmakers have urged the Postal Service’s Board of Governors to reject Trump’s directive, as the president has no authority over the USPS, which is an independent agency only accountable to its own board of governors. Lawmakers warned that the USPS is also specifically barred from discriminating against users of the mail, and Trump’s executive order would have the agency illegally perform election administration duties.
