Background
In March 2026, President Trump issued Executive Order 14399 directing federal agencies to compile citizenship lists and requiring the United States Postal Service to mandate specific designs for mail-in ballot envelopes. Twenty-three states and the District of Columbia sued, challenging the order as unconstitutional and ultra vires. The district court granted summary judgment to the states, enjoining the federal defendants from implementing the order for the November 2026 election in those states. The federal defendants and twelve intervening states moved for a stay of that injunction pending appeal, arguing the states lacked standing and their claims were not ripe.
The court’s reasoning
The First Circuit applied the four-factor test from Nken v. Holder to determine whether to grant a stay. The court concluded the government failed to make a strong showing that it was likely to succeed on its standing and ripeness arguments. The court found the states suffered immediate injuries by diverting staff resources to plan for compliance, incurring costs for non-compliant ballot envelopes, and facing a credible threat of criminal prosecution for delivering ballots to voters not on federal lists. The court distinguished prior cases like Clapper and New York, noting the executive order explicitly targeted the states and imposed immediate deadlines. The court also rejected the intervenor states’ prudential ripeness argument, finding the legal question of the President’s authority did not require further factual development.
What it means going forward
The district court’s injunction remains in place, preventing the federal government from enforcing the executive order’s provisions regarding citizenship lists and ballot envelope designs for the November 2026 federal election in the Plaintiff States.