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Can the Postal Service gate mail ballots behind a new voter list?

DSCC v. TRUMP

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Should the government be ordered to report its steps carrying out the order?D.D.C. · Disclosure order · Awaiting ruling

The Democratic Party plaintiffs say the government hid how it is carrying out the order and want a reporting order. The motion is briefed with no ruling yet.

  1. Sep 2–20

    1. Democratic Party plaintiffs · Asks for a reporting order ·

      They argued the government failed to tell the court about its citizenship-list portal and Postal Service procedures, as the court expected.

    2. Federal defendants · Opposes ·

      The government opposed the request.

    3. Democratic Party plaintiffs · Replies ·

      The plaintiffs replied in support of their motion.

  2. Next step: Ruling on the reporting request

    Not set

Should the court dismiss the challenges to the executive order?D.D.C. · Dismissal · Awaiting ruling

The government and the states moved to dismiss in spring 2026. Briefing closed May 22, and the court has not ruled.

  1. The government asks to file one combined brief on injunctions and dismissal

    Apr 23–24

    Granted on Apr 24

    1. Federal defendants · Asks for a combined brief ·

      The government asked to answer all three injunction motions and support its motion to dismiss in a single brief.

    2. NAACP plaintiffs · Respond ·

      The NAACP plaintiffs filed a response to the request.

    3. Court · Grants the request ·

      The court allowed one combined brief of up to 70 pages and set the dismissal briefing schedule.

  2. Apr 30 – May 22

    1. Intervening states · Move to dismiss ·

      The twelve states filed their own motion to dismiss.

    2. Federal defendants · Move to dismiss ·

      The government moved to dismiss all three consolidated cases for lack of jurisdiction and failure to state a claim.

    3. Plaintiff groups · Oppose ·

      All three plaintiff groups opposed both motions to dismiss.

    4. Federal defendants · Reply ·

      The government replied, with a supplemental declaration from USCIS.

    5. Intervening states · Reply ·

      The states replied in support of their motion.

  3. Next step: Ruling on the motions to dismiss

    Not set

Should the executive order be blocked before agencies carry it out?No, for now: both courts found it premature · D.C. Cir. · Preliminary injunction · Request denied

The district court denied all three groups' requests as likely premature, and the D.C. Circuit affirmed for the Democratic Party plaintiffs, who alone appealed.

  1. All three plaintiff groups ask to block parts of the executive order

    Apr 10 – May 28

    Denied on May 28

    1. Plaintiff groups · Ask for preliminary injunctions ·

      Each group asked to block Sections 2(a) and 3(b) of the order as beyond presidential and postal power and contrary to the Privacy Act.

    2. Federal defendants · Oppose ·

      The government filed one combined brief opposing the injunctions and supporting dismissal, later refiled to meet formatting rules.

    3. Intervening states · Oppose ·

      The twelve states opposed all three injunction motions.

    4. Plaintiff groups · Reply ·

      Each plaintiff group replied in support of its motion.

    5. Court · Holds a hearing ·

      The court heard argument on May 14 and took the motions under advisement.

    6. Court · Denies the injunctions ·

      The court found the plaintiffs had not shown likely standing or ripe claims, because agencies had not yet acted on the order.

  2. Democratic Party plaintiffs ask the appeals court to speed up their appeal

    Jun 4–11

    Granted on Jun 11

    1. Democratic Party plaintiffs · Asks to expedite ·

      The Democratic Party plaintiffs asked for an emergency expedited schedule for the appeal.

    2. Federal defendants · Opposes ·

      The government opposed expediting the appeal.

    3. Democratic Party plaintiffs · Replies ·

      The Democratic Party plaintiffs replied in support of expediting.

    4. D.C. Circuit · Expedites the appeal ·

      The panel set a fast briefing schedule; Judge Katsas would have denied the motion.

  3. The Democratic Party plaintiffs appeal the denial

    Jun 1 – Sep 18

    Denied on Jul 28

    1. Democratic Party plaintiffs · Appeal ·

      They appealed and argued the order's directives were already causing harm and should be blocked before the election.

    2. Federal defendants · Oppose ·

      The government defended the district court's denial.

    3. Intervening states · Oppose ·

      The twelve states filed their own brief defending the denial.

    4. Democratic Party plaintiffs · Reply ·

      The plaintiffs replied, pointing to agency actions taken after the district court ruled.

    5. D.C. Circuit · Affirms the denial ·

      The panel held the challenge likely unripe because agencies had not acted, and said prompt relief could be sought if they did.

Should the Postal Service's ballot mail rule be blocked while the case proceeds?Yes, for now: the rule is blocked · D.D.C. · Preliminary injunction · Request granted

After the Postal Service issued its rule, all plaintiffs renewed their requests. The court blocked the rule but refused to enjoin Section 3 of the executive order itself.

  1. All three plaintiff groups ask to block the new ballot mail rule

    Aug 25 – Sep 13

    Partly granted on Sep 13

    1. Plaintiff groups · Renew injunction requests ·

      Each group asked to block the rule before the election; the Democratic Party plaintiffs also again sought to block Section 3 of the order.

    2. Federal defendants · Oppose ·

      The government called the rule a modest mail regulation within postal power and asked that any injunction reach only ballot refusals.

    3. Intervening states · Oppose ·

      The states argued the claimed harms were speculative and that candidate standing did not apply to a rule that does not govern vote counting.

    4. Plaintiff groups · Reply ·

      Each plaintiff group replied in support of its renewed motion.

    5. Court · Blocks the rule ·

      The court found the Postal Service likely lacked power to create the voter portal and ballot checks, and blocked the whole rule, but not Section 3.

Who besides the original parties may join the case?States admitted by permission; McCray denied · D.D.C. · Intervention · Request partly granted

Twelve states were allowed in as defendants by the court's permission, not as of right. A separate request by an individual, Emanuel McCray, was denied.

  1. Twelve states led by Missouri ask to join as defendants

    Apr 20–30

    Partly granted on Apr 30

    1. Missouri and 11 other states · Asks to intervene ·

      The states asked to join as defendants, as of right or with the court's permission, and attached a proposed motion to dismiss.

    2. Plaintiff groups · Respond ·

      The Democratic Party plaintiffs opposed intervention; the LULAC and NAACP plaintiffs opposed intervention as of right.

    3. Federal defendants · Respond ·

      The United States opposed intervention as of right and took no position on permissive intervention.

    4. Missouri and 11 other states · Reply ·

      The states replied in support of their motion.

    5. Court · Grants in part ·

      The court found the states had no right to intervene but let them join by permission, on the same briefing schedule as the government.

  2. Emanuel McCray asks to join the case and have it dismissed

    May 1–11

    Denied on May 11

    1. Emanuel McCray · Asks to intervene ·

      McCray, filing without a lawyer, asked to intervene and to dismiss the case.

    2. Court · Denies ·

      The court denied the motion to intervene in a one-line order.

Should the plaintiffs get fast-tracked discovery before the injunction ruling?No, for now: denied without prejudice · D.D.C. · Discovery · Request denied

The court denied early discovery without prejudice, saying it could order it later if discovery would help resolve the injunction motions.

  1. The LULAC plaintiffs ask for expedited discovery

    Apr 9–12

    Denied on Apr 12

    1. Federal defendants · Opposes ·

      The government filed its opposition to the LULAC plaintiffs' request for expedited discovery.

    2. LULAC plaintiffs · Replies ·

      The LULAC plaintiffs replied in support of their request to expedite.

    3. Court · Denies without prejudice ·

      The court denied the request but said it may order expedited discovery later if it would help decide the injunction motions.

Should the case go to the judge handling an earlier related case?Yes: the cases were reassigned · D.D.C. · Case assignment · Request granted

The plaintiffs marked the case as related to an earlier one; the government objected, and the court sent the cases for random reassignment.

  1. The government asks to reassign the case away from the related-case judge

    Apr 1–8

    Granted on Apr 8

    1. Democratic Party plaintiffs · Notes a related case ·

      The plaintiffs told the court the case was related to an earlier case before the same judge.

    2. Federal defendants · Asks to reassign the case ·

      The government objected to the related-case notice and asked that the case be reassigned.

    3. Court · Grants reassignment ·

      Judge Kollar-Kotelly granted the motions to reassign, and the cases were randomly reassigned to Judge Nichols.

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