(Photo SAUL LOEB)
The Supreme Court lifted a Massachusetts judge’s block on Republican President Donald Trump’s mail-in ballot executive order Monday, freeing the policy in 23 states and Washington, D.C.
The justices were divided 6-3. The court also granted a matching application from Alabama and 11 other states supporting the administration, according to NBC News.
Trump signed the order in March under the title, “Ensuring Citizenship Verification and Integrity in Federal Elections.” It tells homeland security to compile lists of adult citizens in each state and send them out at least 60 days before a federal election, according to SCOTUSblog.
The majority ruled the states went to court before the order had done anything to them. Ordering the homeland security secretary to assemble citizenship lists binds no state and reaches only inside the executive branch, the unsigned opinion said. Directing the attorney general to prioritize cases against officials who hand ballots to ineligible voters sits within presidential power, the majority found.
The Postal Service finished its own rule earlier in August. States seeking federal ballot delivery must feed voter names, addresses, outgoing and return barcodes and the originating state into a Federal Ballot Mail Portal, according to the rule filed for Federal Register publication. Each outbound ballot and each return envelope carries its own serial number in the barcode, along with the Election Mail logo.
The Postal Service provision merely started a rulemaking process, and no proposed or final rule existed when the suit was filed. States may challenge the finished rule if it injures them, the court wrote.
That rule sits frozen as of Aug. 25. A nationwide injunction issued Aug. 11 by U.S. District Judge Indira Talwani still bars the agency, according to NPR.
🚨 MAJOR SCOTUS VICTORY on Mail-in-Ballots Rules…Lifts Ban on 23 States
The Supreme Court has just overruled a block placed by an Obama Judge preventing Trump’s Executive Order to implement safeguards for Mail-in-Ballots.
The ruling now means states must:
-Turn over a list… pic.twitter.com/0MadzZvXqy
— Benny Johnson (@bennyjohnson) August 24, 2026
Justice Sonia Sotomayor, joined by Justice Elena Kagan, wrote that the decision “merely postpones adjudication” of the challenges, according to CBS News. Justice Ketanji Brown Jackson wrote in dissent that the administration wanted the court’s “imprimatur for its effort to foment chaos ahead of the November elections,” according to SCOTUSblog.
Talwani, an appointee of former President Barack Obama, gave the government until 8 a.m. Tuesday to answer a League of Women Voters claim that the Postal Service defied that order by sending the rule out with immediate effect, according to Law and Crime. The administration conceded in a filing that the rule reaches the midterms only if it clears every outstanding court order. It said late Monday it would turn to the 1st U.S. Circuit Court of Appeals if Talwani did not lift her ruling by 5:30 p.m. Tuesday, according to NPR.
The White House praised the decision and called the order’s provisions “commonsense measures.”