The Trump administration has appealed to the Supreme Court for a third time in its effort to enforce new restrictions on mail-in ballots, a move that comes as states begin sending out absentee ballots for the upcoming midterm elections. The appeal follows a federal judge's order blocking the U.S. Postal Service from enforcing President Donald Trump's executive order regarding mail ballots for the November elections.
Solicitor General John Sauer stated in the filing that ballots have already started being mailed in North Carolina, with other states set to follow suit in the coming weeks. "Once those ballot envelopes enter the mailstream, there is no retrieving them," Sauer wrote. He argued that the injunction, which makes preparatory steps voluntary rather than mandatory, risks sowing confusion and chaos. The administration seeks an immediate administrative stay and a full stay pending further review to remove the "improper cloud of uncertainty."
The legal battle could significantly impact the midterm elections, where control of Congress is at stake and nearly one-third of voters typically cast mail ballots. Democratic states and voting rights groups have challenged the restrictions as unconstitutional, while election officials have raised concerns about the feasibility of revising their systems in time to comply with the new directives.
The administration, however, has framed the proposed changes as common-sense regulations within the Postal Service's authority. According to the filing, eligibility for mail-in and absentee voting will continue to be determined by state law, with state and local officials responsible for determining voter and ballot eligibility. The Postal Service, the administration noted, will not be involved in determining voter eligibility, maintaining voter rolls, or counting ballots.
President Trump has consistently sought to limit mail voting, despite frequently using the method himself. He has made unsubstantiated claims of fraud and blamed mail balloting for his 2020 election loss to Democrat Joe Biden, but has so far been unsuccessful in altering established voting procedures.
