Trump Administration Seeks Supreme Court Pause on Mail-Ballot Order
The Justice Department asked the Supreme Court to suspend lower-court rulings that block a presidential executive order aimed at restricting mail-in voting ahead of the November midterms.
The Justice Department filed a petition on Monday asking the Supreme Court to temporarily halt district-court and appellate orders that block a presidential executive order intended to limit mail-in voting. The administration argues that the order, issued in March, provides "general policy guidance" and does not directly prescribe how states conduct elections.
The order would require U.S. Citizenship and Immigration Services and the Social Security Administration to compile a federal list of eligible voters and direct the Postal Service to deliver ballots only to those on the list. Democratic officials in 23 states and the District of Columbia have sued, contending that election rules are set by states and Congress, not the president.
A Massachusetts judge blocked the order, and the First Circuit Court of Appeals upheld that injunction. Solicitor General D. John Sauer wrote that the injunction is "indefensible" because agencies are still considering implementation, and urged the Court to act quickly so any policies could be ready by August for the November elections.
Responses from the California and New York attorneys general were not immediately available, and the Postal Service declined to comment on its implementation plans pending litigation. A response to the administration’s appeal is due on Aug. 3.