THE BREAKDOWN
- The Ruling: A Massachusetts federal court rejected part of the government’s motion to dismiss a lawsuit against President Trump’s mail-in voting executive order, allowing the legal challenge to move forward.
- The Dispute: Nonpartisan voting rights groups are suing to stop the order, which directs the U.S. Postal Service to halt certain ballot deliveries and tasks the Department of Homeland Security with distributing voter “citizenship lists” before the 2026 elections.
- What’s Next: The court has only ruled on keeping the case alive. It has not yet decided on a pending request for a preliminary injunction, which would temporarily block the executive order from being enforced during the upcoming midterm cycle.
A federal court in Massachusetts has given the green light to a lawsuit challenging President Trump’s executive order on mail-in voting, clearing the way for nonpartisan voting rights groups to fight the restrictions ahead of the 2026 primary and midterm elections.
The decision, handed down in the U.S. District Court for the District of Massachusetts, rejects a portion of the federal government’s motion to throw out the case. As a result, the legal battle over how mail-in ballots will be handled during this election cycle will continue to move forward.
According to court findings highlighted in the ruling, the Trump administration and the U.S. Postal Service (USPS) are actively working to carry out the executive order. The order attempts to override specific state election laws by directing the Postal Service not to deliver certain mail-in ballots. At the same time, the Department of Homeland Security (DHS) is compiling and distributing “citizenship lists.” Department of Justice lawyers admitted during court proceedings that these lists are underinclusive and incomplete.
The plaintiffs argue that these ongoing efforts by the USPS and DHS are confusing voters and disrupting the work of state, local, and nonpartisan organizations trying to prepare for the 2026 elections.
Today’s ruling is only a partial decision on the government’s motion to dismiss. The court has not yet ruled on several other pending motions, most notably the voting rights groups’ request for a preliminary injunction, which would temporarily block the Postal Service from enforcing the order while the broader lawsuit plays out.
Following the ruling, the plaintiffs and their legal counsel released a joint statement expressing their approval of the court’s decision.
“We are grateful the court recognized the urgency and stakes of this case and allowed our lawsuit to proceed with respect to this year’s elections,” the groups said.
The statement continued, calling the executive order “plainly unconstitutional” and alleging that the actions of the USPS and DHS are “causing chaos and interfering with the vital work that nonpartisan voting rights groups are doing to prepare for the coming elections.” They warned that the order “threatens to disenfranchise untold numbers of American citizens, including elderly, disabled, and student voters and voters of color who rely on mail-in balloting.”
The legal challenge was brought forward by a coalition of organizations, including the League of Women Voters, the League of Women Voters of Massachusetts, the Association of Americans Resident Overseas, the U.S. Vote Foundation, OCA – Asian Pacific American Advocates, and Delta Sigma Theta Sorority, Inc.
Legal representation for the groups includes the American Civil Liberties Union (ACLU), the ACLU of Massachusetts, the Brennan Center for Justice at NYU Law, the Legal Defense Fund (LDF), Asian Americans Advancing Justice-AAJC, and LatinoJustice PRLDEF.
With the motion to dismiss partially denied, the court will next consider the request for a preliminary injunction and the remaining pending motions.
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