Trump's Executive Order on Mail Voting Faces Legal Challenges
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So Trump wants to impose impossible deadlines on many states. But Monday’s decision does not actually hold that it is legal for him to do so. Indeed, the federal judge who initially blocked Trump’s executive order has already signaled that she is likely to block the USPS’s new rule. We will find out if the Supreme Court will allow Trump to sabotage voting by mail after that new decision makes its way back to the justices.
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Washington ExaminerA federal judge said Tuesday that the U.S. Postal Service violated a nationwide injunction by issuing President Donald Trump‘s mail-ballot rule for the November election, but declined to impose additional relief that would prevent its scheduled publication Wednesday. Her ruling came one day after the Supreme Court found states had sued too early over Trump’s mail-ballot executive order and lifted an injunction in a separate lawsuit.
NPR NewsThe Supreme Court has paused a lower court's ruling that blocked key directives from President Trump's executive order to restrict mail-in voting for this fall's midterm election in about two dozen states and Washington, D.C.
HuffPostWASHINGTON (AP) — The Supreme Court sided with the Trump administration Monday in a case over President Donald Trump’s executive order restricting mail-in voting, though it remains unclear how much can be implemented before the fast-approaching midterm elections.
Fox NewsSupreme Court Justice Ketanji Brown Jackson sharply rebuked her colleagues' decision allowing the Trump administration to move forward with parts of its mail-voting executive order, warning that the ruling could create election chaos and leave states trapped between filing legal challenges too early or too late.
PBS NewsHourNothing changes yet with the Supreme Court's order on mail voting. But it could open door to 'chaos' Rather than saying that President Donald Trump's order is legal, the high court said Monday it was too early for Democratic-run states to challenge it in June, when they convinced a federal judge in Boston to freeze the order for November's election.
New York TimesTrump’s Efforts to Sow Election Doubts Get Boost from Initial Court Order A preliminary Supreme Court ruling could leave voters confused about casting ballots by mail, even as President Trump’s executive order is being litigated in the lower courts, experts said.
The FederalistThe U.S. Supreme Court agreed to pause a lower court blockade on President Trump’s mail-in voting executive order on Monday. The vote was 6-3, with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissenting.
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Talwani did not decide whether to vacate the injunction, as the administration requested after the Supreme Court paused a separate order in a lawsuit brought by 23 Democrat-led states and the District of Columbia.
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Fox NewsThe court granted the Trump administration’s request to stay a lower-court injunction that had blocked implementation of portions of President Donald Trump’s March executive order in 23 Democratic-led states and the District of Columbia.
The FederalistIn its per curiam ruling, the high court granted the Trump administration’s emergency application to stay a June ruling by Massachusetts-based District Judge Indira Talwani. The Obama appointee and past Democrat donor issued an injunction barring the order from taking effect ahead of the 2026 midterms in the states that challenged the directive.
NPR NewsIn June, Talwani issued an earlier ruling that blocked key parts of Trump's order in the 23 mainly Democratic-led states, plus Washington, D.C., that sued the administration.
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Trump has blamed mail voting — without credible evidence — for his loss to Democrat Joe Biden in 2020. He has promoted the proposed changes in his executive order as safeguards to keep non-U.S. citizens from voting.
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NPR NewsTrump — who himself voted by mail as recently as this year in Florida — has said he issued this order to stop illegal voting by non-U.S. citizens in federal elections, which research has found to be infinitesimally rare.
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As Indira Talwani, one of the judges who blocked Trump’s executive order, noted in her opinion, there is no federal law that explicitly “delegates authority to control mail-in voting to USPS.” So the Trump administration must rely instead on broadly worded statutes that simply state that the Postal Service may deliver mail and take related steps that are necessary to deliver the mail.
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NPR NewsTalwani's June ruling concluded Trump overstepped a president's authority under the Constitution, which gives power to state legislatures and Congress to set federal election rules. USPS, which is independent of a president's administration, also has no legal authority to control mail-in voting, the judge found.
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"The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful," the majority wrote. "On that score, time will tell."
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HuffPost“The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful. On that score, time will tell,” the majority wrote in an unsigned order.
The FederalistThe majority went on to note that its ruling on the administration’s application “does not mean that any measure taken by the Government to implement the Order will necessarily be lawful.” While “time will tell” on that point, the justices affirmed that “the Order itself does not harm the States, so the District Court lacked jurisdiction to bar the Government from trying to implement it.”
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“I respectfully dissent. States administering elections and the voting public that relies on them to do so deserve clarity, not caginess or confusion,” Jackson wrote. “The Court does a disservice to all concerned by distorting Article III standing and ripeness principles to issue a ruling that contributes to pre-election chaos instead of quashing it, and by using its equitable authority to facilitate a patently inequitable result.”
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Fox News"The Court does a disservice to all concerned by distorting Article III standing and ripeness principles to issue a ruling that contributes to pre-election chaos instead of quashing it," she wrote.
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The court’s order opens a path for the administration to begin action to restrict mail voting, but it also could lead to a bevy of potential further litigation that could freeze the federal government again, all starting 10 days before the first mail ballots in the nation are scheduled to be sent to overseas and military voters from North Carolina.
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Fox NewsThe Postal Service outlined plans last week for implementing portions of the order, according to The Associated Press, though the approaching election calendar could limit how much can take effect before November. North Carolina is scheduled to begin sending ballots to military and overseas voters Sept. 4, with other states following soon afterward.
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Independent claims that didn't surface elsewhere in our corpus. Treat as supplementary — not corroborated across outlets.
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01 RealClearPolitics The Supreme Court just cleared a major hurdle for Trump's election integrity order in a 6-3 ruling. Here's what it means for the November midterms. Read Full Article ⟶
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02 Washington Examiner “Defendants cannot contend that they misunderstood the scope of the court’s order,” Talwani, an appointee of former President Barack Obama, wrote in her five-page ruling. “Accordingly, despite the Defendants’ protestations that ‘[t]he United States takes its obligation to comply with court orders very seriously,’ the court finds that Defendants violated the preliminary injunction in this case.”
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03 NPR News But with the start of absentee voting for the midterms just weeks away, legal and practical hurdles loom over whether the U.S. Postal Service and other federal agencies can finish carrying out Trump's directives.
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04 Fox News The unsigned majority opinion did not decide whether the executive order itself is lawful. Instead, the court concluded that the administration was likely to prevail on its argument that the states’ challenge was premature because they had not yet suffered a sufficiently concrete injury.
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05 The Federalist In its Monday ruling, the Supreme Court found that the Trump administration is likely to succeed on the merits of its arguments that Talwani lacked jurisdiction to issue a judgment on the matter. It also ruled that the government is likely to succeed on the merits of its claims that Talwani’s injunction “is causing it irreparable harm, and that the equities do not favor leaving the injunction in place while the [its] appeal is pending.”
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06 Vox On Monday, the Supreme Court’s Republican majority allowed that order to go into effect. All three of the Court’s Democrats dissented.
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07 HuffPost The Supreme Court’s conservative majority didn’t decide the legality of Trump’s order, instead ruling that states who sued did not have the legal right to challenge it.
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