Trump administration seeks Supreme Court intervention to reinstate mail-in voting restrictions
The Justice Department has filed an emergency petition with the US Supreme Court to pause a June ruling that blocked key provisions of an executive order restricting mail-in ballot delivery, citing constitutional authority and implementation timelines.
The Trump administration has filed an emergency request with the US Supreme Court to lift a lower court injunction that blocked parts of a March executive order imposing restrictions on mail-in voting. The administration argues that the order constitutes general policy guidance and seeks immediate Supreme Court intervention to ensure the policy is in place before the November midterm elections.
The executive order directed federal agencies to assist states in creating eligible voter lists and required the US Postal Service to deliver ballots only to those on the lists. It also instructed the Justice Department to prioritise investigations into election officials accused of issuing ballots to ineligible voters. These measures were applied across 23 Democratic-led states and Washington, DC.
US District Judge Indira Talwani blocked the executive order in June, ruling that President Trump lacked the authority to unilaterally change how states administer federal elections. Judge Talwani noted that under the Constitution, states oversee voter-eligibility requirements. The administration contends that the injunction is "indefensible" because federal agencies are still deliberating on implementation, yet the district court preemptively ruled any action would be unlawful.
Solicitor General John Sauer stated that the injunction is "indefensible" because federal agencies are still deliberating on implementation, yet the district court preemptively ruled any action would be unlawful. He urged the Supreme Court to act quickly, asserting that the new policy would have to be in place by August to be effective by the midterm election in November.
The First US Circuit Court of Appeals declined to pause the lower court’s ruling over the weekend, prompting the appeal to the Supreme Court. The outcome of the petition remains uncertain, with the highest court yet to issue a ruling on whether to lift the lower court’s block.
Voting rights advocates argue that restricting mail-in voting could disproportionately affect Democratic voters, who have historically been more likely than Republicans to cast ballots by mail. Trump has long claimed, without evidence, that widespread voter fraud undermined the 2020 presidential election and has repeatedly questioned the security of mail-in voting, despite studies showing that such fraud is rare.
The midterms will determine which party takes control of the US House of Representatives and Senate. Trump has promised to end the widespread use of mail ballots before the midterms, marking a significant escalation in the conflict between the executive branch’s policy objectives and judicial oversight of state election preparations.
