A lower court ruled that President Trump did not have the authority to change state election rules and blocked restrictions on mail-in voting.
Published July 27, 2026
President Donald Trump’s administration has asked the Supreme Court for permission to move forward with sweeping restrictions on mail-in voting ahead of November’s midterm elections as it continues to reform how federal elections are conducted.
In an emergency motion Monday, the Justice Department asked the country’s highest court to suspend a lower court ruling that blocked portions of President Trump’s March executive order in 23 Democratic-led states and Washington, D.C. The suspension would remain in place until legal challenges develop, according to the request.
Recommended stories
list of 4 itemsend of list
The executive order directed federal agencies to help states create lists of eligible voters and required the U.S. Postal Service to deliver mail-in ballots only to those on that list. It also directed the Justice Department to prioritize investigations into election officials accused of issuing ballots to ineligible voters.
U.S. District Judge Indira Talwani blocked the order in June, ruling that President Trump did not have the authority to unilaterally change how states administer federal elections. He noted that under the Constitution, states oversee voter eligibility requirements.
Over the weekend, the U.S. Court of Appeals for the First Circuit declined to put the ruling on hold, prompting the administration to take the issue to the Supreme Court.
In its petition to the Supreme Court, the government argued that the order amounted to “general policy guidance” rather than an order directing how states should administer elections.
Attorney General John Sauer wrote, “The injunction is particularly indefensible because, even though the agency is still considering how to implement the order (if at all), the district court has preemptively determined that any action the agency chooses will necessarily be illegal.”
He urged the Supreme Court to act quickly because the new policy would need to take effect by August for it to take effect by the November midterm elections.
President Trump has long claimed without evidence that widespread voter fraud marred the 2020 presidential election and has repeatedly questioned the security of mail-in voting, even though studies show such fraud is rare.
He has pledged to end widespread use of mail-in voting by the midterm elections that will determine which party controls the U.S. House and Senate.
Voting rights advocates argue that restrictions on mail-in voting could disproportionately impact Democratic voters, who have historically been more likely to vote by mail than Republicans.
