Judge Carl Nichols declines to block EO 14399, ruling challenge is premature before enforcement begins

U.S. District Judge Carl Nichols, a Trump appointee on the D.C. District Court, declined on May 28, 2026, to issue a preliminary injunction blocking Executive Order 14399's mail voting restrictions. Judge Nichols ruled that the plaintiffs lacked standing to challenge the order because neither DHS nor USPS had yet issued implementing regulations — meaning the harm was not yet imminent enough to justify a pre-enforcement injunction. The ruling did not decide whether EO 14399 was constitutional, leaving the legal question unresolved and the order in force pending further proceedings.