A federal appeals court on July 28 turned down an attempt from Democrats such as Senate Minority Leader Chuck Schumer (D-N.Y.) to block President Donald Trump’s overhaul of rules for mail-in voting, although judges said they may rule differently down the road.
The judges on the panel said that at the present time, they cannot act against the president and his administration.
“If the defendant agencies take steps to implement the Executive Order in a manner that violates federal law or the Constitution, Plaintiffs can promptly seek relief, which the district court and this court can decide in as expeditious a manner as circumstances require.”
Circuit Judges Patricia Millett, Robert Wilkins, and Gregory Katsas were on the panel.
The injunction irreparably harms the government because even if plans to implement the executive order “end up being entirely lawful, there is not enough time to obtain ordinary appellate relief from the injunction in order to carry them out before the November election,” Solicitor General D. John Sauer told the nation’s top court.
On Tuesday, the District of Columbia Circuit panel said they could not consider recent actions taken by the government.
“Since appealing, Plaintiffs have informed this court of subsequent factual developments bearing on the ripeness of their claims,” the judges said. “We do not consider those developments because they are not part of the record before the district court or before us on appeal.”