SCOTUS Hands Trump a Temporary Win In His Crusade to Restrict Mail Voting
The Supreme Court on Monday temporarily handed President Trump a key victory in his crusade to restrict mail-in voting. The unsigned opinion by the court’s conservative majority, issued over dissents from the three Democratic appointees, said it was too soon for states to challenge Trump’s executive order from March 2026 severely restricting mail-in voting because they had not shown how they would be harmed by it.
“This ruling violates well-established precedents concerning this Court’s equitable discretion and needlessly injects chaos and uncertainty into the upcoming midterm elections,” Justice Ketanji Brown Jackson wrote in dissent. “It also lets another shoe drop in the Kafkaesque nightmare that our precedents have been steadily creating for certain plaintiffs who seek to bring election-related challenges. The Court has held for a while now that even valid election-related legal claims can come too late. Today’s revelation is that such claims can also come too early—never mind that an election is looming and related harms
are presently occurring. Never mind, too, that the Government (which controls the timing of proposed and final rules) can easily game the system.”
While not a ruling on the merits of the executive order, the Court’s decision still overrules a series of federal court rulings blocking that order, which represents an unprecedented attempt by the Trump administration to seize control of election administration from the states, based on Trump’s demands for Republicans to “nationalize the voting” and “take over” the voting system.
It instructs the Department of Homeland Security to create lists of voters it deems citizens in each state, essentially overriding state voter rolls, and directs the Postal Service to only deliver mail-in ballots to voters on those lists, leading to the possibility that a significant number of voters will not receive mail-in ballots if the lists are inaccurate. (Trump, despite his frequent tirades against the practice,........
