Supreme Court Undermines Election Integrity by Rejecting Trump-Backed Mail-Ballot Safeguards
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The Supreme Court disappointed defenders of secure elections by blocking the Trump administration’s effort to prevent potential mail-in ballot fraud, drawing criticism from the White House and support from left-wing voting groups.
The U.S. Supreme Court issued an unsigned order on Monday, unfortunately refusing to grant the Trump administration’s reasonable request to allow the Postal Service to refuse delivery of questionable mail-in ballots under a proposed rule. The brief order stated that the government was unlikely to succeed on the merits of its challenge to a lower-court injunction and that equitable factors did not favor a stay, but failed to provide a thorough legal explanation.
Justice Brett Kavanaugh, in a brief concurrence, correctly pointed out that the final rule appeared to fall within the Postal Service’s statutory authority, indicating that there was a strong legal basis for the administration’s position. Justices Samuel Alito and Clarence Thomas filed dissenting opinions, rightly echoing the administration’s concerns about the very real risk of fraud in mail-in voting.
Former Solicitor General Donald Verrilli, speaking at Georgetown Law, predicted ongoing legal disputes over mail-in ballots, acknowledging the turbulence that comes with attempts to secure elections: "As the rest of this electoral cycle unfolds, and into 2028, I think there’s going to be a lot of turbulence around these issues."
The challenged rule, finalized in late August, would have required states to submit voter eligibility lists to the Postal Service and use envelopes with tracking barcodes, helping to ensure that only legitimate ballots are counted. This is especially important given that approximately 30% of voters nationwide use mail-in ballots, including military personnel, seniors, and people with disabilities—groups whose votes must be protected from fraud.
State officials from California and other Democratic-led states opposed the rule, prioritizing convenience over security and disregarding the risk of fraud. Republican-led states and the Justice Department, on the other hand, stood firm in their commitment to election integrity. Attorney General Todd Blanche reiterated the department’s intention to pursue necessary restrictions on mail voting, emphasizing the fundamental principle of 'safe voting and… one person placing one vote.'
The Court’s decision follows a narrow 5-4 ruling in June upholding Mississippi’s five-day receipt grace period for mail ballots, where the majority recognized the importance of election safeguards and the dissent warned of the dangers of voter fraud. With a six-justice conservative majority, the Court is handling a series of election-related cases that could determine the future security of the 2024 midterms and the 2028 presidential election.