The Trump administration is again asking the Supreme Court to let it move ahead with restrictions on mail ballots before the midterm elections in November even as legal wrangling over President Donald Trump’s executive order continues in lower courts.

The Trump administration on Thursday asked the Supreme Court to reject an order by a federal judge that halts it from implementing a new rule regulating mail ballots, hours after being unable to tell that judge whether the computer system that would govern the entire project was operational yet.

The administration filed its appeal the afternoon before mail ballots were scheduled to be sent out by North Carolina, which on Friday kicks off a wave of states shipping ballots out for the rapidly approaching midterm election. Its appeal was part of a flurry of last-minute litigation as the federal government struggles to implement President Donald Trump’s restrictions on mail ballots before the midterm elections in November, and came even as legal wrangling over Trump’s executive order continued in lower courts.

The high court’s conservative majority previously allowed the president’s plan to move ahead, but they have not decided whether it is legal.

Under Trump’s executive order, the U.S. Postal Service could refuse to deliver ballots from states that do not follow a uniform envelope style and submit lists of eligible voters to an online portal that was apparently still inactive Thursday.

During a hearing in Boston, U.S. District Court Judge Indira Talwani repeatedly questioned Department of Justice attorney Michael Velchik about whether the Postal Service could actually implement Trump’s plan from an executive order he issued last spring. The key piece is the online portal, which would track tens of millions of mail ballots. States would be required to upload their list of mail voters to the portal to have ballots delivered, and if the data there didn’t match what was on the envelopes, the ballots would not be sent.

Unclear if key system has been set up

“I don’t even have a declaration from the Postal Service: ‘This is how it will work.’ I don’t have it. I have nothing,” Talwani said, adding later that it felt like the government was running an “experiment” to see if the system would work in the upcoming election.

“As you sit here today, you can’t tell me the government has a program ready to go?” Talwani asked.

Velchik repeated that the Postal Service would “fully implement the rule” that it published last month, triggering the latest round of litigation. He argued the main issue is whether Talwani has the legal power to stop it.

“The $64,000 question is, is this authorized by the statute?” Velchik said.