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The Supreme Court's Mail Voting Ruling Is Manufactured Chaos

13 0
26.08.2026

A year ago we warned that President Donald Trump had a concerted strategy to undermine the midterm elections.

Here’s news you can use: That effort is failing so far. For every move, there’s a countermove from voting rights groups, local and state governments, and more. In November, we should be able to have elections that are free, fair, and secure. But it will take a lot of work between now and then.

We saw that for sure this week. On Monday, the Supreme Court made headlines and sowed confusion, but it did not change much. Here’s what you should know.

Earlier this year, Trump signed an executive order to upend mail voting. That is the way 1 in 3 Americans vote. Trump purported to order the US Postal Service to refuse to deliver lawfully cast ballots unless the voter is on a list—which doesn’t exist yet—created by each state and sent to the post office for checking against mail ballots. It’s absurd. And, no surprise, it’s illegal.

Trump’s executive order is not in effect. Mail voting continues as before. There have been no changes to the Postal Service practices.

Earlier this summer, in a lawsuit brought by 23 states, a federal court blocked the executive order in part of the country. The judge also blocked the order nationwide in a lawsuit the Brennan Center and others brought on behalf of the League of Women Voters of Massachusetts.

On August 24, the US Supreme Court jumped into the states’ case. It issued an unsigned order holding that the states did not yet have legal standing to sue. In particular, it concluded the states had not suffered an injury, because the Postal Service had not implemented the policy. In other words, the trial court had ruled too early.

This made big news, understandably, but those headlines confused matters a bit.

This was a procedural vote that let the Trump administration continue working on its plan to have the Postal Service decide who receives a ballot.

As the court itself explained, “The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful.”

And in fact, late last Friday, under pressure from the administration, the Postal Service published a “Final Rule” to implement Trump’s scheme. The agency explained that it had the power to set rules for mail ballot delivery because ballots are like “animal remains” or “replica explosives” and deserve special treatment.

Both the states’ case and the case brought by........

© Common Dreams