WASHINGTON — The Trump administration is appealing a judge’s ruling that blocked limitations on mail voting before the midterm elections, the latest twist in a court fight unfolding days before the first states begin sending out mail ballots for the pivotal November elections.
The notice of appeal filed Friday comes after a federal judge in Boston handed down a new decision blocking implementation of an executive order from President Donald Trump for the next two weeks.
The Supreme Court previously allowed the plan to move ahead on procedural grounds, but hasn’t decided whether it’s legal. The U.S. 1st Circuit Court of Appeals will next consider the case, though it could soon be back before the nation's highest court.
Under Trump’s executive order, the U.S. Postal Service could refuse to deliver ballots from states that do not submit lists of eligible voters and follow a uniform envelope style. The White House calls the plan a set of “commonsense measures” aimed at protecting ballot security, and calls the order blocking it “unreasoned and unlawful.”
The plaintiffs didn't have immediate comment on the appeal.
U.S. District Court Judge Indira Talwani found that states don't have the time or money to design and produce new ballots, update their systems and train officials to upload voter data to the Postal Service in the short time before the midterm elections.
The first mail ballots of the general election to determine control of Congress are scheduled to be sent out Sept. 4.
Illinois Gov. JB Pritzker on Friday called out the Trump administration for attempting to push through restrictive rules on mail-in voting ahead of the November election. At a press conference in downstate Carbondale, Pritzker said Trump is trying to stop people from voting because "he knows he and his party are going to lose in November."
"For many people, voting by mail is the best option. For many, it's the only option. And so, at least in Illinois, we're going to protect that," Pritzker said. "It's up to the states to run elections, not up to Donald Trump or the federal government."
The Thursday ruling came after Democrats and voting rights groups filed a fresh round of lawsuits to comply with the recent Supreme Court decision. They note that the Constitution grants states and, in some cases, Congress the power to make election rules — not the president or Postal Service.
Illinois Attorney General Kwame Raoul, who represented Illinois as one of 25 states seeking to block implementation of Trump's order, praised Talwani's ruling.
“The U.S. Constitution is clear: States have the power to administer elections, not the federal executive branch, and I will continue to fight against this blatantly unconstitutional rule that would only create disorder and undermine confidence in our upcoming general election,” Raoul said. “In granting this TRO, the court has acknowledged that states do not have the time to completely overhaul their mail-in ballot procedures to comply with a Postal Service rule we argue is not even constitutional in the first place. This attempt by the Trump administration to interfere with our elections process is part of the administration’s efforts to interrupt our citizens’ access to voting.”
The whipsawing legal battle could have major ramifications for the midterms. Nearly one-third of Americans vote by mail and election officials contend there isn’t enough time to revise their systems to comply with the new Postal Service directives.
The president has long targeted mail voting , which he falsely blames for his 2020 election loss even though he himself uses it to cast his ballot. A report by the Brookings Institution published in 2025 found that mail voting fraud occurred in only about four cases out of every 10 million mail ballots cast.
Trump's executive order was challenged in court shortly after being issued in March. Talwani, nominated to the bench by President Barack Obama, agreed to block it for the midterm elections. But the Supreme Court found earlier this week that she had acted too soon. The Post Office plan has since been finalized .
Contributing: WBEZ Springfield reporter Isabela Nieto