Supreme Court Lifts Block on Trump Mail-In Ballot Order


People in the 11th Congressional District vote in a special election to replace Mikie Sherrill in the House of Representatives, Morristown, Thursday, Feb. 5, 2026. (Photo by Anne-Marie Caruso/New Jersey Monitor)

The Supreme Court made a move on Monday. They lifted a block that had stopped a federal order. This order came from President Trump. It focused on mail-in ballots. The policy now moves forward in 23 states. It also applies in Washington, D.C. The justices voted 6-3 on this decision. The court said the states sued too early. They had not waited to see if the order hurt them.

President Trump signed this order back in March. The title was "Ensuring Citizenship Verification and Integrity in Federal Elections." It asks the homeland security team to make lists of adult citizens. These lists must go to state officials. A federal election requires their arrival no sooner than 60 days in advance. This is just one part of the plan.

A judge in Massachusetts had stopped this work. Her name is Indira Talwani. She was appointed by former President Barack Obama. She issued a nationwide injunction on Aug. 11. This stop order barred the agency from acting. But the Supreme Court said that was wrong. The unsigned opinion explained the error. Ordering the homeland security secretary to assemble lists binds no state. It only reaches inside the executive branch.

The court also looked at the attorney general. The order told him to prioritize cases. These cases involve officials who give ballots to people who cannot vote. The court found this sits within presidential power. The Postal Service part was different too. A rulemaking process had just started. No final rule existed when the suit was filed. States can challenge the finished rule later if it hurts them.

Not everyone agreed with the majority. Justice Ketanji Brown Jackson wrote a dissent. She asserted the administration sought the court's "imprimatur for its effort to foment chaos ahead of the November elections." That quote came from SCOTUSblog. Justice Sonia Sotomayor joined Justice Elena Kagan. They wrote that the decision "merely postpones adjudication" of the challenges. CBS News reported their view.

U.S. District Judge Talwani had set a deadline. By 8 a.m. Tuesday, she set a deadline for the government to respond to a claim. The League of Women Voters said the Postal Service defied her order. Law and Crime reported this detail. The administration conceded that the rule reaches the middle of the process. The nationwide injunction still bars the agency under that specific claim.

The Postal Service finished its own rule earlier in August. States seeking federal ballot delivery must feed voter names into a portal. They also need addresses and barcode data. Each outbound ballot carries its own serial number. The return envelope has one too. The Election Mail logo appears on each item. This system aims to verify who is eligible to vote.

Justice Jackson warned of chaos. The majority said the states were not ready yet. They are not there yet. The states went to court over consequences that had not occurred. A federal district judge stopped the administration from moving ahead. The Supreme Court said that was premature. The rule sits frozen as of Aug. 25.

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