Supreme Court Asked to Intervene in Legal Showdown Over Trump Executive Order on Mail-In Voting
The Trump administration on Monday filed an emergency application with the Supreme Court, asking the justices to clear the way for an executive order by President Trump that restricts mail-in voting. Solicitor General D. John Sauer termed a lower court ruling blocking the order “indefensible,” warning it imposed serious harm on the federal government ahead of the November midterm elections.
Legal Challenges Target Presidential Authority Over Election Rules
The underlying legal battle stems from a late March executive order signed by Mr. Trump directing the Department of Homeland Security to compile state-by-state citizen lists for voter eligibility and instructing the Postal Service to utilize those lists. More than 20 Democratic attorneys general challenged the directive, arguing it violated constitutional separation of powers by seizing control of functions typically regulated by Congress and individual states. In late June, federal district judge Indira Talwani in Massachusetts blocked key components of the order, asserting that the Constitution does not grant the president specific powers over elections, a decision subsequently upheld over the weekend by a three-judge panel from the U.S. Court of Appeals for the First Circuit.
Supreme Court Demands Response as Justices Show Skepticism
In response to the administration’s emergency filing, the Supreme Court directed the challengers to submit their response by Monday, August 3. The high court has previously demonstrated skepticism toward executive restrictions on mail-in voting; in late June, the justices upheld a Mississippi law allowing mail-in ballots postmarked by Election Day to be counted if received within five business days. Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett joined the court’s three liberals in that ruling, which effectively left intact similar laws in at least 18 other states and territories, including battleground districts in Nevada and California.
Presidential Criticism Follows Legal Setbacks and Court Rulings
Mr. Trump has continually criticized mail-in voting over the years, promoting unfounded claims of widespread fraud. Following the Supreme Court’s refusal to block late-arriving ballots in June, he took to social media to denounce the outcome as a “tremendous loss,” while urging Congress to enact legislation imposing stricter mail-in ballot limits and new voter identification requirements.
