President Trump at the White House on June 26. Photo: Drew Angerer/Getty Images

The injunction on a memoir about President Trump written by his niece was lifted on Wednesday by a judge in New York Supreme Court's Appellate Division, Second Department.

Driving the news: The judge ruled that publisher Simon & Schuster did not seem to be bound by the confidentiality agreement signed by Mary Trump, author, of the book "Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man," which was due for release on July 28. However, Justice Alan Scheinkman upheld the restraining order against the president's niece.

What they're saying: "While Ms. Trump unquestionably possesses the same First Amendment expressive rights belonging to all Americans, she also possesses the right to enter into contracts, including the right to contract away her First Amendment rights,” the judge said.

  • "Unlike Ms. Trump, Simon & Schuster has not agreed to surrender or relinquish any of its First Amendment rights."

The big picture: The president's younger brother Robert Trump filed a lawsuit against their niece, who's the daughter of their deceased elder brother Fred Trump Jr., over the tell-all book.

  • The president told Axios' Jonathan Swan last month that Mary Trump was "not allowed to write a book" because of the non-disclosure agreement she signed.
  • A New York judge issued an injunction temporarily blocking publication of the memoir on Tuesday.

What's next: Mary Trump’s attorney Ted Boutrous tweeted that he would file a brief in the trial court on Thursday explaining why the order against her "must be vacated."

Go deeper: Trump says niece "not allowed" to write book because of nondisclosure agreement

Editor's note: This article has been updated with new details throughout.

Go deeper

Updated Jul 7, 2020 - Politics & Policy

Mary Trump book: How she leaked Trump financials to NYT

Simon & Schuster

In her new memoir, President Trump's niece reveals how she leaked hordes of confidential Trump family financial documents to the New York Times in an effort to expose her uncle, whom she portrays as a dangerous sociopath.

Why it matters: Trump was furious when he found out recently that Mary Trump, a trained psychologist, would be publishing a tell-all memoir. And Trump's younger brother, Robert, tried and failed to block the publication of "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man."

Highlights from Mary Trump's explosive tell-all book

Photo: Mandel Ngan/AFP via Getty Images

A number of publications have received advanced copies of "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man" — a tell-all book by Mary Trump that paints her uncle, President Trump, as a power-hungry sociopath.

Why it matters: Mary Trump, a trained psychologist, details her uncle's upbringing and what she sees as formative moments in his personality. Donald Trump's younger brother, Robert, has tried and failed to block the publication from hitting store shelves, citing a non-disclosure agreement Mary Trump signed 20 years ago.

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Axios-Ipsos poll: Fear of voting

Data: Axios/Ipsos poll; Note: ±3.0% margin of error for the total sample; Chart: Andrew Witherspoon/Axios

Democrats are twice as likely as Republicans to worry about in-person voting — with nearly two in three seeing it as a large or moderate risk to their health — according to this week's installment of the Axios-Ipsos Coronavirus Index.

Why it matters: This could pose a significant disadvantage for Joe Biden and other Democratic candidates in November if the pattern holds — especially in states where high infection rates persist, or where there are significant hurdles to mail-in, absentee or early voting.