DC Court denies Dem appeal to block Trump election overhaul
The appeals panel agreed with a federal judge that it could not block the executive order until its proposals have been enacted.
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LampLighter
Joined 2013/04/13Visited 2026/07/28
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... A D.C. Circuit panel on Tuesday rejected an effort by top Democrats to block President Donald Trump's executive order seeking to reshape the nation's election system by creating a national list of eligible voters and limiting mail-in voting. The three-judge panel upheld U.S. District Judge Carl Nichols' May 28 decision denying a preliminary injunction after determining the Democratic National Committee and congressional leaders failed to show any imminent or irreparable harm, as neither the Department of Homeland Security or the U.S. Postal Service had yet acted. U.S. Circuit Judges Patricia Millett, Robert Wilkins and Gregory Katsas -- two Barack Obama appointees and a Trump appointee, respectively -- wrote in a per curiam order that while there may be a "number of serious questions concerning the lawfulness of proposed actions if implemented," the court cannot rule until those actions occur. "In addition, the executive order, which is itself not self-executing, directs the agencies to act only to the extent feasible and consistent with applicable law, including but not limited to the Privacy Act of 1974,' and so requires compliance with the very legal limitations about which plaintiffs are concerned," the panel wrote. "If the defendant agencies take steps to implement the executive order in a manner that violates federal law or the Constitution, plaintiffs can promptly seek relief, which the district court and this court can decide in as expeditious a manner as circumstances require." ...
The three-judge panel upheld U.S. District Judge Carl Nichols' May 28 decision denying a preliminary injunction after determining the Democratic National Committee and congressional leaders failed to show any imminent or irreparable harm, as neither the Department of Homeland Security or the U.S. Postal Service had yet acted.
U.S. Circuit Judges Patricia Millett, Robert Wilkins and Gregory Katsas -- two Barack Obama appointees and a Trump appointee, respectively -- wrote in a per curiam order that while there may be a "number of serious questions concerning the lawfulness of proposed actions if implemented," the court cannot rule until those actions occur.
"In addition, the executive order, which is itself not self-executing, directs the agencies to act only to the extent feasible and consistent with applicable law, including but not limited to the Privacy Act of 1974,' and so requires compliance with the very legal limitations about which plaintiffs are concerned," the panel wrote. "If the defendant agencies take steps to implement the executive order in a manner that violates federal law or the Constitution, plaintiffs can promptly seek relief, which the district court and this court can decide in as expeditious a manner as circumstances require." ...
#1 | Posted by LampLighter at 2026-07-28 07:41 PM | Reply
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