“Trump administration asks Supreme Court to intervene to allow mail-in voting restrictions”
What actually happened
The Trump administration on Monday asked the Supreme Court to intervene in a legal fight over President Donald Trump's executive order restricting mail-in voting, escalating the dispute 99 days before the November midterm elections. The emergency request came after a federal appeals court, in a 2-1 decision Saturday, left in place an order blocking key parts of Trump's executive order issued in March that directs federal agencies to create voter eligibility lists and restrict U.S. Postal Service delivery of ballots not tied to those lists. A coalition of 23 states argue Trump lacks authority to impose federal rules on elections administered by state and local officials.
Key facts
- In a 2-1 decision, the 1st U.S. Circuit Court of Appeals denied the Department of Justice's request to pause a June ruling blocking several provisions of Trump's March executive order while the administration appeals.
- Solicitor General D. John Sauer argued that the district court's injunction is "extraordinary" because it prevents federal agencies from taking steps to implement Mr. Trump's directive, which he characterized as general policy guidance.
- A group of 23 states and the District of Columbia filed a lawsuit arguing that the executive order is unlawful. U.S. District Judge Indira Talwani, who sits on the federal court in Massachusetts, sided with the states in June.
- She is an appointee of former President Obama who serves on the federal bench in Boston, and it marks the Trump administration's 35th emergency application to the Supreme Court, a much faster pace than the president's predecessors.
- A separate federal appeals court in Washington, D.C., recently lifted a broader injunction against the Postal Service rule, leaving open the possibility that the Postal Service could implement the restrictions elsewhere.
What to watch for
Watch the timing: Sauer told the Court that implementation would need to happen by early-to-mid August given state absentee-ballot deadlines, so a fast ruling either way changes the practical stakes for the midterms. Also watch whether the DC Circuit's separate lift of the broader Postal Service injunction gets folded into the Supreme Court fight, since that could make the eventual ruling effectively nationwide regardless of the "23 states" framing.
Trump administration asks Supreme Court to intervene to allow mail-in voting restrictions (CNBC)Trump’s mail-in voting order blocked in 23 states by federal appeals court (Fox News)DOJ asks Supreme Court to restore Trump’s mail-in voting executive order (The Hill)Trump asks Supreme Court to step into dispute over mail-in voting executive order (CBS News)
