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The Supreme Court ruled Monday (August 24) that President Donald Trump may begin implementing parts of his executive order aimed at restricting mail-in voting ahead of the November midterm elections. The decision comes with less than three months before voters head to the polls, raising new questions about how ballots will be cast and counted nationwide.
President Trump’s March order gives the United States Postal Service (USPS) and the Department of Homeland Security an expanded role in election administration. The order requires states to send lists of eligible mail voters to the USPS, which would then track who votes by mail. The Postal Service has also issued a rule mandating that mail ballot envelopes display special barcodes and logos, and that these envelopes be approved, printed, and distributed by states before the upcoming election.
Legal challenges from states and pro-voting organizations quickly followed, with opponents arguing that the executive order was unconstitutional because the president does not have direct authority over elections. Federal court judges in Massachusetts issued injunctions blocking the government from implementing the order, stating that it could cause 'confusion and chaos' for election officials and voters. However, the Department of Justice has argued in court filings that these lawsuits are premature since the rules had not yet taken effect.=
Despite these legal hurdles, the Supreme Court’s new ruling allows the Trump administration to move forward with some aspects of the order while litigation continues. Voting rights groups warn that the immediate rollout of these regulations could create widespread confusion and undermine voter confidence. Judge Indira Talwani, who issued the initial injunctions, criticized the administration for acting quickly and without enough time for states to prepare, noting that the changes could impact millions of Americans who rely on mail-in voting, especially those with disabilities or living in rural areas.
The Supreme Court’s decision does not end ongoing lawsuits, and additional court orders could still limit or delay the enforcement of the executive order. States, advocacy groups, and federal agencies are expected to continue litigating the issue in the weeks leading up to the midterms.