The Trump administration asked the Supreme Court on Monday to intervene in a legal fight over an executive order restricting mail-in voting, with the November midterm elections now less than 100 days away.
The emergency request followed a 2-1 decision Saturday by a federal appeals court that left in place an order blocking key parts of Trump's executive order from March. That order directs federal agencies to create voter eligibility lists and restrict U.S. Postal Service delivery of ballots not tied to those lists, according to CNBC.
A coalition of 23 states has argued that Trump lacks the authority to impose federal rules on elections that are administered by state and local officials. The Department of Justice countered that the legal challenge was premature because agencies had not yet finalized the policies needed to carry out the order.
The 1st U.S. Circuit Court of Appeals rejected that argument. The majority said states were already being forced to prepare for changes that could affect upcoming elections and that the order would impose unprecedented levels of federal involvement in state election administration.
The majority said the order would impose "unprecedented levels of involvement by federal officials in how states administer elections" and risk confusion and voter disenfranchisement.
California was among the states that co-led the coalition challenging the order.
"We look forward to filing our response to the government's application in the U.S. Supreme Court by the deadline set by Justice Jackson," said Walter Garcia, a spokesperson for California Attorney General Rob Bonta.
The ruling applies only to the states covered by that lawsuit. A separate federal appeals court in Washington, D.C., recently lifted a broader injunction against the Postal Service rule, which leaves open the possibility that the Postal Service could implement the restrictions in states not part of the current case.
Trump and his allies have promoted the changes as safeguards against illegal voting. Democrats and voting-rights groups argue the order could prevent eligible voters from receiving or returning mail ballots.
The mail-in voting restrictions are one part of a broader push Trump is leading ahead of the November 3 election. He has also pressed Congress to pass legislation requiring a national voter ID to vote and proof of citizenship to register.
The Constitution directs states, rather than the federal government, to administer most election oversight. The White House and Justice Department did not immediately respond to requests for comment.
The Supreme Court has not yet indicated when it will take up the emergency request.
