The Supreme Court Thinks You Are Stupid
This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at Balls and Strikes.
A key component of President Donald Trump’s plan for preserving the Republican Party’s power and influence is making it as difficult as possible for Democrats to vote. As the 2026 midterms approach, he is still pushing the unhinged lie that widespread fraud both cost him the 2020 presidential election and also explains every Republican loss in every election since.
This delusion is partially responsible for his obsession with mail-in voting. In March, Trump told Republican lawmakers that passing legal restrictions on mail-in voting would “guarantee the midterms.” Their failure to do so, he continued, would mean “big trouble.”
That same month, Trump did his part, issuing an executive order that would impose onerous requirements on states that allow their residents to vote by mail. And in an unsigned opinion on Monday, the Supreme Court did him yet another favor, turning away a legal challenge that had temporarily blocked the order from taking effect.
The result in Trump v. California does not give Trump everything he wants. But it shows just how far this six-justice conservative supermajority is willing to go to help its favorite president’s political movement—all while reserving for itself the right to decide how much of the Constitution remains in place for the midterms, and how much Trump gets to rewrite as he sees fit.
Trump’s order seeks to do three main things. First, it requires the Department of Homeland Security to provide states with lists of voters whom the federal government has “confirmed” as eligible to vote. Second, it directs Attorney General Todd Blanche and the Justice Department to “prioritize” investigations of state officials who provide ballots to anyone who is not eligible to vote. Finally, it orders the U.S. Postal Service to propose a rule that would require states to send mail ballots in a particular type of envelope and with a special barcode, ostensibly for the purposes of “tracking” the ballot. Trump’s order specifically requires that the Postal Service’s rule prevent the agency from processing a ballot—as in, submitting it for counting—unless a voter has been “enrolled” by the Postal Service first.
This is admittedly confusing, because the order is kind of an executive power matryoshka doll: Instead of directly requiring the Postal Service to refuse to deliver certain mail ballots, it adds a step, requiring the Postal Service to come up with an........
