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

The Trump administration on Monday asked the Supreme Court to allow full implementation of an executive order regarding mail-in voting. President Donald Trump signed the order, titled "Ensuring Citizenship Verification and Integrity in Federal Elections," on March 31 of this year.

U.S. Solicitor General D. John Sauer described a federal judge's order, which paused portions of the executive order in 23 states and the District of Columbia, as "extraordinary." Sauer argued this ruling disregards established doctrines concerning judicial intervention in disputes. He also requested an immediate administrative stay, which would temporarily suspend the lower court's order while the justices consider the government's request.

The executive order instructs the U.S. Postal Service (USPS) to propose rules for mail-in and absentee ballots. It also directs the Department of Homeland Security to compile "state citizenship lists," which are rosters of U.S. citizens over 18 in each state. The order specifies that USPS rules must limit mail-in ballot distribution 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 a Massachusetts federal court. They contended the order conflicts with constitutional provisions granting states authority over voter eligibility and the "Times, Places, and Manner" of congressional elections.

U.S. District Judge Indira Talwani concurred with the states' argument. 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, 2026, elections in the plaintiff states.

A divided panel of the U.S. Court of Appeals for the 1st Circuit rejected the government's request to intervene on Saturday. The majority opinion stated that if the order took effect for the upcoming elections, it "would sow confusion and threaten disenfranchisement of many eligible voters."

The Trump administration then appealed to the Supreme Court. Sauer asserted that courts should not yet review the states' lawsuit, as agencies have not finalized implementation plans. However, he maintained that if judicial review were appropriate, Talwani's ruling should be stayed to prevent "serious irreparable harm." Sauer wrote that even if agency implementation plans prove lawful, insufficient time remains to obtain ordinary appellate relief before the November election, especially given the timing of voter-roll verification and mail voting procedures.

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

On Tuesday, 12 states, led by Alabama, supported the Trump administration's request for a temporary pause of the 1st Circuit's order. These states referenced two recent rulings by the U.S. Court of Appeals for the District of Columbia Circuit concerning the same executive order. They cited one ruling that held it was premature to challenge the executive order and another that reinstated the order on the same basis. Challengers must respond to the 12 states' request by 4 p.m. EDT on Monday, August 3.