The Supreme Court Just Blocked Trump’s Efforts to Control Mail-In Voting for the Midterms
The ruling bars the United States Postal Service from implementing restrictions that experts and election officials say would upend voting in November.
In a 7-2 decision, the Supreme Court prevented President Trump from imposing new mail-in voting rules ahead of the November midterm elections. The ruling was unanimous, except for conservative justices Samuel Alito and Clarence Thomas, who dissented. The decision upheld a lower court injunction blocking the United States Postal Service from receiving lists of eligible voters from states.
The USPS would then have been required to confirm that ballots were sent only to those on the lists. Justice Brett Kavanaugh, writing in concurring opinion with Justice Ketanji Brown Jackson, stated the government was "unlikely to succeed" on the merits of challenging the preliminary injunction. However, Kavanaugh added there was a "fair prospect that the final rule falls within the Postal Service's statutory authority", though implementing it before the elections would be "arbitrary and capricious" due to limited time for state and local officials to adjust.
Early mail-in voting has already begun in some states, complicating the implementation further. This is a significant setback for Trump, who has long opposed mail-in voting, alleging without evidence it leads to fraud. The loss is another in a series of legal defeats for the president and his administration in efforts to undermine confidence in US elections.
The White House and USPS declined comment on the ruling. Nevada's Secretary of State, Cisco Aguilar, praised the court's decision, stating it upholds the Constitution that "elections belong to the American people, not a desperate man in Washington". Democratic secretaries of state also applauded the ruling, vowing to fight any attempts at election chaos.
The mail-in voting conflict began in spring when Trump signed an executive order in March requiring states to share voter lists with the Postal Service. The USPS could then refuse to deliver ballots to voters not on the list or those violating new rules. Most of the order's provisions were blocked by federal courts before the administration appealed to the Supreme Court in July.
The conservative court allowed the new rules to proceed last month, noting the states lacked standing as the rules hadn't yet been implemented. A USPS whistleblower warned the online portal for the rules was hastily created and lacked the necessary safeguards for a secure voting system. The administration seems intent on moving forward despite the flaws, risking potential chaos for the upcoming midterm elections.
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