The Supreme Court has issued a ruling largely in favor of the White House, allowing federal agencies to advance President Donald Trump's efforts to alter the nation's mail-in voting system. Former White House deputy counsel Gene Hamilton stated that agencies, including the U.S. Postal Service (USPS), Department of Homeland Security (DHS), and Department of Justice (DOJ), can now move forward with parts of Trump's election integrity order. These include new standards for mail-in ballots and initiatives involving state citizenship lists.
The ruling effectively dismissed challenges brought by several states that claimed harm from the order. Hamilton explained that the court's majority determined that states cannot seek a legal stay based on potential future harm, emphasizing that an actual or imminent injury must be demonstrated. "It reminds the American people … just because something might happen in the future [it] doesn't mean that you're actually harmed today, and that's really the crux of what the court did," Hamilton said.
Trump's executive order directs DHS to compile lists of adult U.S. citizens for states and instructs DOJ to prioritize investigations into ballots issued to ineligible voters. While the White House has not provided specifics on implementation timelines or compliance methods, a spokesperson affirmed a commitment to "commonsense measures that protect the security of mail-in ballots."
However, the USPS's proposed rule for ballot mail, which includes standardized envelopes and unique tracking barcodes, remains blocked by a separate injunction obtained by the League of Women Voters. The agency had previously indicated it would not implement the rule for the upcoming midterms unless litigation was resolved.
State officials who opposed the order criticized the Supreme Court's decision. California Attorney General Rob Bonta, who led the plaintiffs from 23 states, vowed to continue the fight, stating that "Donald Trump does not run elections here in Pennsylvania — or in any state." Pennsylvania Gov. Josh Shapiro echoed this sentiment, tweeting, "We’ll see the Trump Administration in court."
Arizona Attorney General Kris Mayes declared, "Over my dead body is that rule going to go into effect. We are going to fight this tooth and nail in the courts." Hamilton anticipates that these disputes will likely lead to further litigation as federal agencies begin to enact their plans. "We have to get through the arbitrage of lower court proceedings, and I'm sure there's going to be a lot more fighting to come," he predicted.