Trump Administration Seeks Supreme Court Intervention on Mail-In Voting Restrictions

WASHINGTON – The Trump administration on Monday asked the Supreme Court to allow it to fully implement an executive order signed by President Donald Trump that seeks to impose additional restrictions on mail-in voting.

U.S. Solicitor General D. John Sauer called an order by a federal judge in Massachusetts, which paused portions of the executive order in 23 states and the District of Columbia, “extraordinary.” Sauer argued that this lower court decision “flouts settled” doctrines governing judicial intervention in disputes.

Sauer also requested an immediate administrative stay from the Supreme Court. Such an order would temporarily suspend the lower court’s ruling while the justices consider the government’s request.

President Trump signed the executive order, titled “Ensuring Citizenship Verification and Integrity in Federal Elections,” on March 31. This order instructs the U.S. Postal Service to propose rules for mail-in and absentee ballots. It also directs the Department of Homeland Security to compile “state citizenship lists,” which are lists of U.S. citizens over 18 in each state. Under the order, the USPS rules must ensure that the Postal Service only sends mail-in ballots to voters whose names appear on these state citizenship lists.

A coalition of 23 states and the District of Columbia, led by California, challenged the order’s implementation in federal court in Massachusetts. They contended that the order conflicts with constitutional provisions granting states the authority to determine voter eligibility and to set the “Times, Places, and Manner” of congressional elections.

U.S. District Judge Indira Talwani agreed with the challenging states. On June 25, she issued an order prohibiting the federal government from implementing the mail-in ballot and state citizenship list provisions for the November 3, 2020 elections in the states that filed the lawsuit.

On Saturday, a divided panel of the U.S. Court of Appeals for the 1st Circuit declined the government’s request to intervene. The majority wrote that if the order were “to take effect for the elections taking place” in the fall, it “would sow confusion and threaten disenfranchisement of many eligible voters.”

The Trump administration then appealed to the Supreme Court. Sauer argued that courts should not yet consider the states’ lawsuit because the agencies have not yet decided how they will implement the order. Sauer also stated that even if judicial consideration were appropriate, Judge Talwani’s ruling should be halted to avoid “serious irreparable harm.”

“Even if the agencies’ implementation plans end up being entirely lawful,” Sauer wrote, “there is not enough time to obtain ordinary appellate relief from the injunction in order to carry them out before the November election, especially given that any such plans will need to be implemented well before November given the timing of election procedures concerning voter-roll verification and mail voting.”

The Supreme Court has instructed the states to file a response to the government’s request by 4 p.m. EDT on Monday, August 3.