Supreme Court allows some Trump vote-by-mail limits ahead of midterm election

The U.S. Supreme Court on Monday granted permission for President Donald Trump to advance his executive order limiting mail-in voting ahead of the upcoming midterm elections. However, the extent of his administration's ability to implement the order remains uncertain as potential court challenges loom. The U.S. Postal Service detailed its implementation plans last week, but with some states starting to send mail ballots to voters within the next few weeks, there is limited time to make significant changes.

Mail voting has been a target for Trump, who has claimed it leads to fraud despite evidence to the contrary and his own use of the method. The case may be one of several voting-related challenges before the justices. The Justice Department had requested an emergency appeal to allow the implementation of the changes before the midterms. Trump signed the executive order in March, directing his administration to create lists of eligible voters and have the U.S. Postal Service deliver mail ballots only to those listed.

Twenty-three states and the District of Columbia filed lawsuits to block the order, arguing that the Constitution grants states and Congress the authority to run elections. They warned that Trump's changes could result in chaos and partisan abuse. Dozens of state and local election officials also requested the justices to halt the order while preparations for the elections were already underway.

A judge in Massachusetts blocked the plan for the midterms in those states, and an appeals court upheld the decision. She later issued a second order blocking it nationwide, which the Trump administration appealed on procedural grounds in late July.

The administration argued that the states sued too early and cited a previous ruling from Washington, where a judge allowed the order to proceed. An appeals court supported this decision, but left room for future court action if the changes were implemented. Federal attorneys contended that the Massachusetts order "prevents the government from finalizing and implementing Trump's proposed policies to promote election integrity for the November federal elections."

Twelve Republican-leaning states backed the federal government's appeal before the high court, stating that states should have input on the final voter lists.

The Supreme Court previously ruled against Trump's arguments on mail-in ballots, finding in June that states can count ballots that arrive after Election Day. This case was decided after full briefing and arguments, unlike the emergency docket. Trump has blamed mail voting for his 2020 loss to Democrat Joe Biden without any credible evidence.

He has promoted the proposed changes as safeguards to prevent non-U.S. citizens from voting and has pushed for legislation requiring proof of citizenship to vote. Noncitizen voting is rare and a felony punishable by deportation. However, mail ballots have gained popularity, with about 30% of all ballots cast in the 2024 presidential election being mailed, according to federal data.

The process is also secure, as a 2025 Brookings Institution study found only four cases of fraud out of every 10 million mail ballots cast.