Key facts
- The U.S. Supreme Court has lifted a judicial injunction blocking President Donald Trump's executive order on mail-in ballots.
- The USPS has finalized new rules for mail-in voting, which could take effect if court injunctions are removed.
- Trump's executive order directed the compilation of lists of eligible voters and required USPS to deliver ballots only to those on approved lists.
- A federal judge had previously ruled that the president lacked the authority to dictate state election administration.
- The Supreme Court's decision allows states to potentially sue again as the midterm elections approach.
The U.S. Supreme Court has lifted a judicial decision that had blocked President Donald Trump's administration from implementing an executive order to restrict mail-in ballots. The USPS has also finalized new rules for mail-in voting, which could take effect if court injunctions are removed, though another injunction remains.
The Supreme Court granted an emergency request from the Justice Department to pause an injunction imposed by U.S. Judge Indira Talwani. This injunction had prevented the Trump administration from proceeding with its directive in a coalition of 23 states and Washington D.C. that had sued to stop it. The court's action, with its 6-3 conservative majority, allows states to potentially pursue legal challenges again as the midterm elections approach.
Trump's executive order, issued in March, directed the Department of Homeland Security to compile lists of eligible voters for each state and instructed the Justice Department to investigate and prosecute election officials who issue ballots to ineligible individuals. It also required the U.S. Postal Service to deliver ballots only to voters on approved mail-in ballot lists. Trump has expressed concerns about the security of mail-in ballots, despite rare evidence of voter fraud.
Judge Talwani had previously ruled that the president lacked the authority to order changes to how states administer federal elections, emphasizing that states determine voter-eligibility requirements under the Constitution. She also noted federal agencies' inability to compile accurate citizen lists. The Justice Department argued the lawsuit was premature, but the states contended that the administration's actions risked disenfranchising voters close to the midterms.