Supreme Court Temporarily Allows Trump Administration to Pursue Mail-In Voting Restrictions
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The Court issued an emergency order that pauses one injunction against a presidential executive order on mail-in ballots, leaving the broader legal challenges unresolved as the midterm election approaches.
The U.S. Supreme Court issued an emergency order that temporarily lifts one injunction blocking President Trump’s March executive order directing the Postal Service to decide which voters receive mail-in ballots and directing the Department of Homeland Security to compile a voter eligibility database. The decision applied only to a lawsuit filed by a group of states, which the Court said was premature because the Postal Service had not yet issued its final rule. It did not address the legality of the executive order itself or the forthcoming Postal Service rule, which remain subject to ongoing litigation in two separate cases.
Constitutional law professor Steve Vladeck explained that the status quo remains unchanged: the executive order and the Postal Service rule are still blocked by a second injunction, and the rule cannot take effect until that injunction is lifted. He noted that further court action is expected in the coming days, potentially returning to the Supreme Court before the November midterms.
Vladeck also referenced the Purcell principle, which cautions against altering election rules close to an election, and highlighted concerns from state officials about the feasibility of implementing the proposed changes within the limited timeframe. He advised states to continue their current voting procedures while the legal disputes proceed.
"Time will tell if the president's executive order was lawful," Vladeck said, adding that a definitive Supreme Court ruling is likely to come soon.
Vladeck suggested that voters can rely on existing mail-in voting processes for now but should stay informed through local election officials and news updates, as the situation could evolve before Election Day.