Washington, D.C. — The Supreme Court cleared a major legal obstacle Monday for President Donald Trump’s executive order restricting mail-in voting, although separate court orders and the rapidly approaching midterms could limit how much of the plan actually takes effect.
The 6-3 decision lifted an injunction covering portions of Trump’s March order after the majority concluded that Democratic-led states had challenged the policy prematurely. The justices did not rule that the president’s proposed restrictions are constitutional, leaving the door open to additional lawsuits once specific rules are implemented.
Trump’s order directs the federal government to develop voter-eligibility lists and calls for the U.S. Postal Service to deliver mail ballots only to voters appearing on those lists. States argue the Constitution assigns election administration primarily to states and Congress, not the president.
A separate injunction still prevents the Postal Service from imposing some of the new ballot-delivery requirements. Meanwhile, election deadlines are approaching quickly, with some states preparing to mail ballots to military and overseas voters in early September.
Trump has repeatedly claimed mail voting is vulnerable to widespread fraud, despite little evidence supporting that assertion. He has also voted by mail himself.
About 30% of ballots in the 2024 presidential election were cast by mail. Further litigation is expected before November.
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