President Donald Trump has urged the Supreme Court to allow his administration to enact a broad executive order that could drastically restrict rules for mail-in voting prior to the 2026 midterms, potentially sparking a titanic legal conflict over federal powers of election regulation.
Emergency appeal was filed after a federal district court in Massachusetts and a federal appellate court ruled that parts of the directive issued in March are unenforceable in 23 states and the District of Columbia. The federal court and appellate court rulings indicated the executive order likely exceeded the President’s authority when it sought to regulate election process aspects that states and Congress should be regulating.
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The order would only allow the Postal Service to deliver mail ballots to voters registered on state citizenship lists compiled with federal support, mandate that the Homeland Security Department aid in compiling voter registration lists, impose stricter tracking on ballot boxes, and allow the federal government to exert greater authority in monitoring and administering mail-in elections.
Department of Justice claimed lawsuit is not ripe, as agencies are still writing out their enforcement plans, and asked that the current injunction to be placed on hold. The justices asked the objecting states to respond to the government’s request in writing before they decide whether to take emergency action.
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The coalition of states against the executive order maintained that the directive would impede state administration of elections, generate unnecessary confusion in the lead-up to the midterms, and risk diluting valid voters.
The lawsuit is expected to be a defining election case in the Supreme Court’s upcoming docket in the run-up to congressional elections.
