Trump Administration Seeks Supreme Court Intervention on Mail-in Voting; Issues New Orders on Birthright Citizenship and 'Birth Tourism'

Why it matters locally: The Supreme Court's decisions on mail-in voting could directly affect how elections are conducted in Kansas, influencing voter access and election procedures across the state. Furthermore, shifts in birthright citizenship and 'birth tourism' policies could impact Kansas residents who are immigrants or have family members navigating immigration processes.

---

WASHINGTON – The Trump administration has asked the Supreme Court to permit the implementation of President Donald Trump's executive order on mail-in voting. Twelve states, led by Alabama, supported this request through their own application. Twenty-three states and the District of Columbia, challenging the order, urged the court to deny these requests. The matter is fully briefed, and a ruling from the court is pending. Separately, President Trump announced two new executive actions on immigration. One order aims to limit who can become American citizens after being born in the country. This action follows a previous attempt to restrict birthright citizenship that the Supreme Court rejected. The new birthright citizenship order, released Thursday evening, focuses on restricting automatic citizenship for children born to individuals with connections to foreign embassies or organizations, those considered 'alien enemies' of the United States, and individuals whose parents engaged in fraudulent activity to obtain citizenship. A second order seeks to curb what Trump referred to as 'birth tourism,' increasing restrictions on visitors to the U.S. who intend to give birth while in the country. In other court-related news, a Marquette Law School Poll found that 47% of adults approve of the Supreme Court’s performance, while 53% disapprove. Approval varies by political affiliation: 74% of Republicans approve, compared to 35% of independents and 22% of Democrats. The survey also indicated that 54% of adults believe the Court is attempting to avoid a ruling Trump might refuse to obey, while 46% do not. A legal dispute began over the Oklahoma Statewide Charter School Board's rejection of a Jewish charter school. The school sought to operate using taxpayer funds. This case may eventually bring the issue of religious charter schools before the Supreme Court again. In 2025, the Court deadlocked 4-4 on the constitutionality of opening a Catholic charter school in Oklahoma, with Justice Amy Coney Barrett recused. That deadlock upheld an Oklahoma Supreme Court decision that state law requires charter schools to be non-religious. The entire congressional Democratic caucus filed an amicus brief with the 5th Circuit Court of Appeals, urging it not to reinstate an in-person requirement for mifepristone, one of two drugs used in medication abortions. In May, the Supreme Court's emergency docket allowed for the mailing of mifepristone by pausing a 5th Circuit ruling that would have required in-person dispensing. The dispute is now back before the 5th Circuit, which will hold oral arguments in September. The brief argued that reinstating the requirement would undermine the science-based statutory framework and affect access to reproductive health care. The New York Times reported on legal disputes concerning vanity license plates and free speech. Courts are divided on the extent to which states can regulate messages on these plates. The central question is whether these messages constitute government speech. If so, the First Amendment does not apply, as the Supreme Court has ruled that the government can decline to endorse messages with which it disagrees. A panel of the U.S. Court of Appeals for the 4th Circuit recently ruled that vanity plates are private speech subject to First Amendment protections in a case involving a Virginia plate critical of law enforcement. Virginia announced it would seek Supreme Court review of this decision. Justice Elena Kagan was sworn into the Supreme Court on this day in 2010.