Politics
Supreme Court allows executive order on mail-in voting to proceed pending litigation
The conservative majority paused an injunction blocking executive restrictions on mail-in voting after ruling that state plaintiffs lacked standing.
The short version
- The U.S. Supreme Court paused a federal judge's injunction that blocked President Donald Trump's executive order restricting mail-in voting across 23 states and Washington, D.C.
- The conservative majority ruled that the suing states failed to show actual damage to establish legal standing, though the court did not rule on the executive order's underlying legality.
- Election officials warned that implementing the order's requirements—such as printing barcoded envelopes and compiling voter lists—is logistically unfeasible before the November midterms.
Key facts
- The U.S. Supreme Court paused an injunction by a federal judge in Boston that blocked provisions of President Trump's executive order on mail-in voting in 23 states and the District of Columbia.[Wired]
- The Supreme Court's conservative majority held that the plaintiff states lacked standing due to a failure to demonstrate actual damage, leaving the legality of the underlying order unaddressed.[Wired]
- Justice Ketanji Brown Jackson issued a dissent warning that the decision creates chaos and uncertainty leading into the midterm elections.[Wired]
- Signed in March, the executive order directs the Department of Homeland Security to create a State Citizenship List, instructs the attorney general to prioritize investigating officials who issue ballots to ineligible voters, and mandates new U.S. Postal Service rules for mail-in ballots.[Wired]
- The U.S. Postal Service issued a 95-page final rule detailing enforcement plans for the mail-in ballot changes, set to take effect on Wednesday.[Wired]
- Washington state elections director Stuart Holmes stated that local offices lack sufficient time before the 2026 general election to reprint ballot envelopes and implement the Postal Service requirements.[Wired]
What remains uncertain
- The ultimate legality of the executive order remains undetermined, as the Supreme Court explicitly stated in an unsigned opinion that it was not ruling on whether the measures are lawful.[Wired]
- It is uncertain whether state governments will file further lawsuits after the U.S. Postal Service rule takes effect.[Wired]