Democrats appeal ruling that left Trump’s anti-mail voting order in place

By Yunior Rivas

House Minority Leader Hakeem Jeffries (D-N.Y.) speaks alongside Senate Minority Leader Chuck Schumer (D-N.Y.) and other congressional Democrats during a press event outside the U.S. Capitol on May 21, 2026. (Francis Chung/POLITICO via AP Images)

Democrats have appealed a ruling that refused to block President Donald Trump’s anti-mail voting executive order as the administration moves to carry it out — a major escalation in one of the most consequential voting rights battles ahead of the 2026 midterms.

The Democratic plaintiffs* challenging the order filed a notice of appeal Monday, asking the U.S. Circuit Court of Appeals for the D.C. Circuit to reviewJudge Carl Nichols’ denial of their request for a preliminary injunction — an emergency court order that would have temporarily stopped Trump’s directive while the case continues.

Trump’s order seeks to reshape how mail-in voting works in federal elections by pushing federal agencies to create voter eligibility lists and directing the U.S. Postal Service to limit delivery of mail-in ballots based on those lists.

Voting rights advocates and civil rights groups have warned that the scheme could inject chaos into elections, wrongly block eligible voters from receiving ballots and seize power that, under the U.S. Constitution, belongs to states and Congress.

Nichols, a Trump appointee, declined to block the order last week, holding that the challenge was premature because the administration had not yet fully implemented the policy. His ruling did not decide whether Trump’s order is lawful, and it left the door open for future challenges if the administration moves ahead.

Those next steps may already be coming.

After the ruling, USPS issued a proposed rule to implement parts of Trump’s order, including new ballot mail requirements and a system for states to submit lists of voters receiving mail-in ballots.

“We are ready to resume the fight if and when the administration takes those next steps,” Juan Proaño, chief executive officer of the League of United Latin American Citizens, one of the other plaintiffs challenging the order, said.

The appeal means Democrats are not waiting for Trump’s mail voting plan to harden into election machinery. They’re asking a higher court to intervene now, before a president who has repeatedly attacked mail-in voting can use federal agencies to rewrite the rules ahead of national elections.

*The Democratic plaintiffs in this case are represented by Elias Law Group (ELG). ELG firm chair, Marc Elias, is the founder of Democracy Docket.