The Supreme Court has cleared a path for President Trump's executive order on mail-in voting, siding with the White House in a case that questioned the administration's authority. The decision, issued by the court's conservative majority, stated that states did not have the legal right to challenge the order, although it did not rule on the order's overall legality.
"The Court's disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful. On that score, time will tell," the majority wrote in an unsigned order. The three liberal-leaning justices dissented.
The executive order, signed in March, directs the administration to create lists of eligible voters and requires the U.S. Postal Service to deliver mail ballots only to individuals on those lists. Democratic officials in 23 states and the District of Columbia had sued to block the order, arguing that election administration falls under the purview of states and Congress, and that Trump's changes could lead to chaos and partisan abuse.
Dozens of state and local election officials had urged the justices to keep the order frozen, citing ongoing election preparations. A judge in Massachusetts had previously blocked the plan for midterm elections in those states, a decision that was upheld by an appeals court. That judge later issued a nationwide block, presenting another potential obstacle for the Trump administration's plan.
The Justice Department appealed to the Supreme Court on procedural grounds in late July, asserting that the states had filed their lawsuit too soon. They also pointed to a ruling from Washington where a judge allowed Trump's order to proceed, a decision that was affirmed by an appeals court, though that court still allowed for future legal action if changes were implemented.
Federal attorneys argued that the Massachusetts order prevented the government from finalizing and implementing the proposed policies to promote election integrity for the upcoming federal elections. A dozen Republican-leaning states supported the federal government's appeal, stating that states would have input on the final voter lists.
Trump has frequently claimed, without credible evidence, that mail voting leads to fraud, despite his own use of the method. He has promoted the proposed changes as safeguards against non-citizen voting and has advocated for legislation requiring proof of citizenship to vote. Noncitizen voting is rare and is a felony punishable by deportation.
Mail balloting has grown in popularity among voters of both parties, with approximately 30 percent of all ballots cast in the 2024 presidential election using this method, according to federal data. Studies indicate that mail voting is secure, with one analysis finding only about four cases of fraud per 10 million mail ballots cast.
The Supreme Court has previously ruled against arguments favored by Trump regarding mail-in ballots, including a June decision allowing states to count ballots that arrive after Election Day. That case, however, was decided after full briefing and arguments, not on the court's emergency docket.