Supreme Court lifts block on Trump mail vote order
6-3 ruling lets the administration move ahead for now, but the justices did not decide whether Trump’s election order is lawful
The U.S. Supreme Court on Monday cleared one legal roadblock facing President Donald Trump’s plan to tighten federal rules for mail-in ballots before the November midterm elections.
In a 6-3 ruling, the court stayed a lower court order that had blocked key parts of Trump’s March 31 Executive Order (EO) in 23 Democratic-led States and the District of Columbia.
The ruling in Trump v. California is a significant win for the Trump administration and a group of Republican-led States headed by Alabama. However, it does not settle the main question in the case: whether the President has the legal power to impose the changes.
The court instead found that the States’ challenge came too soon. The majority said the States had not shown the direct and imminent harm needed to bring the case.
“The Government is likely to prevail on the merits of its argument that the District Court lacked jurisdiction to enter the judgment,” the unsigned opinion said.
The majority treated Trump’s Order as an internal directive to executive branch officials. It said the EO does not, by itself, require States or private parties to take any action.
Trump’s Executive Order 14399 directs the Department of Homeland Security to compile a citizenship list for each State. The lists would include people confirmed as U.S. citizens who will be old enough to vote in the next federal election.
The EO also tells the Justice Department to make the probe and possible prosecution of election officials who issue ballots to ineligible voters a top concern.
Its most disputed section directs the U.S. Postal Service to develop new rules for absentee and mail-in ballots. Those rules could require official election-mail markings, tracking barcodes and prior approval of ballot-envelope designs.
The planned system would also require voters to be enrolled on State-specific mail-ballot lists before the Postal Service could handle their ballots. States could face the loss of some federal funds for failing to obey federal election laws.
The White House has said the steps are needed to verify citizenship, protect the mail system and restore trust in elections.
A federal judge in Massachusetts disagreed. U.S. District Judge Indira Talwani ruled in June that Trump lacked the power to direct the way States run federal elections. She blocked sections of the order from taking effect against the States that sued. The First U.S. Circuit Court of Appeals later refused to pause her ruling.
Monday’s Supreme Court order lifts that block while the appeal moves forward.
The decision does not necessarily mean the entire plan will take effect at once. A separate injunction in another lawsuit continues to limit parts of the Postal Service program. More court fights are likely once the Postal Service adopts a final rule or begins to enforce it.
Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented.
“Today’s decision does not address whether the President’s attempts to interfere with States’ administration of the November 2026 elections are lawful,” Sotomayor wrote. “Nor does it suggest that the Executive Branch has any constitutional or statutory authority to implement the President’s directives.”
Jackson issued a separate and far more forceful dissent. She argued that the Order would shift control over mail voting away from the States and toward the federal government.
“This ruling violates well-established precedents concerning this Court’s equitable discretion and needlessly injects chaos and uncertainty into the upcoming midterm elections,” Jackson wrote.
Alabama played a direct part in the case. Attorney General Steve Marshall and 11 other Republican Attorneys General had moved to defend Trump’s Order after Democratic-led States sued.
“California doesn’t want anyone checking their voter rolls — and that tells you everything you need to know,” Marshall said when Alabama entered the fight in April. “Alabama didn’t sue to stop election security; we’re here to defend it. This coalition will not let activist lawsuits strip States of the tools they need to ensure that only lawful votes are counted.”
The case now returns to the lower courts. States may renew their claims if the Postal Service issues a final rule that causes clear legal or financial harm.
“If the Postal Service’s final rule harms the States, they may challenge that rule,” the Supreme Court majority wrote.
That leaves Trump free to push ahead for now — but with the core fight over Presidential power, State control of elections and the fate of mailed ballots remains unresolved.