First Circuit Blocks Trump Order Limiting USPS Delivery of Mail Ballots
The First Circuit upheld injunction blocking USPS limits on mail ballot delivery.
Why it matters: This decision impacts election law practice by preserving state authority over voting rules and protecting mail-in ballot access, highlighting limits on federal administrative reach.
- On July 25, 2026, the First Circuit denied a stay on a lower court injunction against Executive Order 14399.
- The executive order aimed to restrict USPS mail-in ballot delivery to voters on a federal list compiled by agencies.
- Democrats from 23 states plus D.C. sued, arguing the order violates constitutional election governance.
- The constitutional challenge remains pending; the court only ruled on maintaining the injunction.
- Justice Department stated it is reviewing next legal steps, confident the order will eventually be upheld.
On July 25, 2026, the First U.S. Circuit Court of Appeals refused to stay a lower court's injunction that blocks key provisions of President Trump's Executive Order 14399. This order, issued in March 2026, directed federal agencies to create a federal list of eligible voters and instructed the U.S. Postal Service to deliver mail-in ballots only to individuals on that list.
The injunction, originally granted by U.S. District Judge Indira Talwani following a lawsuit filed by Democratic officials from 23 states and the District of Columbia, prevents enforcement of these new restrictions within those jurisdictions. The plaintiffs argued that election laws fall under the authority of state governments and Congress, making the executive order unconstitutional.
The First Circuit's ruling emphasizes the irreparable consequences for these states, noting that "The Plaintiff States have no practical choice but to respond to the [order] now." However, the court did not rule on the constitutionality or the merits of the legal challenge itself; that appeal remains ongoing.
The Justice Department issued a statement expressing continued confidence in the validity of the order and is assessing all options for subsequent legal actions. The decision preserves current voting access practices, maintaining the status quo on mail-in ballot delivery amidst ongoing debate over federal versus state control in election administration.
By the numbers:
- 23 states and D.C. — plaintiffs challenging the executive order
- March 2026 — date Executive Order 14399 was issued
- July 25, 2026 — date First Circuit denied the stay request
Yes, but: The First Circuit's ruling is procedural, maintaining the injunction but not resolving the underlying constitutional questions, which remain contested.
What's next: The Justice Department is evaluating legal options for further appeals as the constitutional challenge proceeds in court.