Circuit courts have been divided in their determinations on the implementation of the election security order.
Solicitor General John Sauer has requested that the Supreme Court issue an administrative stay that would allow President Donald Trump’s executive order on mail-in voting to be fully implemented. A district judge has paused portions of the order in 23 states and Washington, D.C.
President Trump signed the “Ensuring Citizenship Verification and Integrity in Federal Elections” executive order in late March of this year.
The First Circuit U.S. Court of Appeals declined the Justice Department’s request to intervene. The appellate majority stated that if the order were “to take effect for the elections taking place” for the midterms in November, “it would sow confusion and threaten disenfranchisement of many eligible voters.”
Separately, the District of Columbia U.S. Circuit Court of Appeals determined this week that a lawsuit against the same executive order, brought by Senate Minority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries and political action groups, had been filed too early, as federal agencies have not yet written rules to implement it.
“In particular, Plaintiffs’ request for preliminary relief ‘is premised on the threatened impact’ of the Executive Order after it is implemented and if in violation of federal law,” the unanimous D.C. Circuit panel ruled. “In addition, the Executive Order, which is 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.”
As the Lord Leads, Pray with Us…
- For the justices of the Supreme Court as they consider the request of the president’s administration regarding the election integrity order.
- For President Trump and DOJ officials as they seek to prevent noncitizens from voting in federal elections.
Sources: SCOTUSBlog, PJ Media, WTAP
