Trump Asks Scotus To Permit Blocks On Mail-in Ballots Before Midterms

The Trump administration asked the Supreme Court on Monday to allow the president’s executive order seeking restrictions on voting by mail to be in effect ahead of the midterm elections, after a federal appeals court upheld a previous ruling blocking much of the order.

Signed by President Donald Trump in March, the order calls on the Postal Service to restrict the delivery of mail-in ballots in states that don’t hand over a list of eligible voters. It also directs the Homeland Security Department and Social Security Administration to create a list of verified absentee voters, which the Postal Service would refer to when delivering ballots, and threatens to withhold federal funds to states that don’t comply with the order.

In June, a federal judge in Massachusetts blocked the order, however, arguing that its timing made it impossible for the Postal Service to propose such a rule through proper channels and wouldn’t give Congress its required opportunity to chime in on the rulemaking process.

The administration appealed that decision, but it was rebuffed by the 1st U.S. Circuit Court of Appeals on Saturday. The administration is requesting an immediate administrative stay pending the resolution of its appeal to that court, or any proceedings in the Supreme Court.

The rulings have thus far proven victories for the 23 states and Washington, D.C., which sued the administration over the order. Trump has repeatedly tried to overhaul election administration via executive orders, and other portions have previously been blocked by other federal judges.

In the Monday filing, Solicitor General D. John Sauer argued that the injunction impedes the president’s ability to oversee the executive branch, which the Postal Service, an independently authorized agency, is part of. The filing further argues that an administrative stay is required to allow for federal agencies to begin preparing for the midterm elections.

“Every day that the agencies are unable to take steps to carry out the Executive Order as to the November 2026 election makes it less likely that they will, as a practical matter, be able to implement any lists or rules that they ultimately finalize — even if they obtain appellate relief,” the filing states.

The executive order represents one element of the president’s larger ambitions to overhaul elections security and mail-in voting, which he has claimed for years with no evidence have led to widespread voting fraud.

Trump has repeatedly touted his marquee elections security legislation, the SAVE America Act — which would heavily restrict mail-in voting and mandate identification for voting — as a necessary assurance for the upcoming election. It has seen little movement on the Hill, however, despite increasing pressure from Trump.

He has also sought to make his case to the American people, dedicating a primetime address earlier this month to providing evidence of alleged election interference. The evidence he provided, largely in the form of declassified documents released shortly after the address, did not provide proof that elections were rigged or votes were changed.

His speech did, however, contain a series of directives and requests to federal agencies and law enforcement, ranging from investigating a Michigan-based get-out-the-vote operation to potentially investigating intelligence officials he claimed withheld reports of China attempting to influence the 2020 election.

A review of the 2020 election by the Office of the Director of National Intelligence completed after Trump’s first term determined that China had not chosen to influence the election, but a minority opinion noted that China had taken at least some steps to undermine Trump.