Supreme Court allows Trump mail-in voting order to move forward, but legal fights remain
The U.S. Supreme Court on Monday cleared the way for President Donald Trump to begin implementing parts of his executive order restricting mail-in voting, reversing a lower court ruling. However, separate legal challenges could still block the changes before the November midterm elections.
The unsigned order leaves significant uncertainty about how Americans will cast ballots in November, with several states already preparing for the election season.
What does Trump's executive order on mail-in voting do?
Trump signed the executive order earlier this year to create a federal database of U.S. citizens eligible to vote and to impose new restrictions on mail-in ballots. The order directs the U.S. Postal Service to establish a standardized system for mail-in ballots, including trackable envelopes with individualized bar codes labeled official election mail.
The president has long opposed mail-in voting, citing unsubstantiated claims of widespread voter fraud. His opposition intensified after the 2020 presidential election, when record numbers of voters cast ballots by mail due to the COVID-19 pandemic. Trump lost that race to Joe Biden, and his fraud allegations have been repeatedly debunked by election officials and courts.
What did the Supreme Court decide?
The justices allowed the Department of Homeland Security to proceed with compiling state-specific lists of individuals it believes are eligible to vote. The court also permitted the Postal Service to move forward with its new ballot tracking system, though a separate lower court ruling has blocked that change, meaning further litigation is required before any modifications take effect.
The court declined to rule on whether Trump's order is constitutional, noting that time will tell. The president acknowledged the legal challenges but insisted the order is foolproof.
Why are Democratic states challenging the order?
Democratic-led states argue that implementing the order would force them to divert resources away from preparing for the November election. Under the U.S. Constitution, Congress has the power to pass election laws, while state legislatures oversee the actual conduct of elections. This division of authority has produced a patchwork of voting procedures across the country.
Will mail-in voting be different in November?
Steve Vladeck, a Supreme Court expert and professor at Georgetown University, told CNN that Monday's ruling is a temporary win for Trump but does not fully clear the way for his effort to limit mail-in ballots.
As soon as tomorrow, a Massachusetts district court may block the underlying USPS rule at issue, which is the real thing to watch heading into November.
The ruling is the latest in a series of mixed outcomes for Trump at the high court. While he has prevailed in some cases, the justices have also blocked parts of his tariff program and his attempt to end birthright citizenship.
The court's 6-3 conservative majority has, however, weakened key election-related precedents, including narrowing the Voting Rights Act in a recent redistricting case.
What did the dissenting justices say?
All three liberal justices dissented. Justice Elena Kagan, joined by Justice Sonia Sotomayor, argued that the lower court had the authority to rule in favor of the Democratic states and that Monday's order fails to address whether Trump's directive will interfere with state election procedures.
Instead, today's decision merely postpones adjudication of those challenges.
Justice Ketanji Brown Jackson wrote a separate, more forceful dissent, warning that allowing the order to proceed needlessly injects chaos and uncertainty into the midterm elections. She also noted that the court has historically declined to intervene in election disputes so close to voting day.
What happens next?
The legal battle is far from over. The separate case blocking the Postal Service's new ballot system remains pending, and further court action is expected in the coming weeks. With the November election fast approaching, the ultimate impact of Trump's order on mail-in voting remains unclear.