Photo: Tom Brenner/Getty Images
In a 6-3 decision on Monday, the Supreme Court handed President Donald Trump a significant victory by clearing one major legal obstacle to his March executive order aimed at strengthening federal election safeguards and tightening procedures surrounding mail-in ballots ahead of the November midterms.
In June, U.S. District Judge Indira Talwani ruled that key portions of that order could not take effect in 23 states and Washington, D.C. The Supreme Court has now stayed that injunction, meaning that the lower court’s block is suspended while the case continues through the appeals process.
The majority effectively concluded that the states had sued too early but stopped short of declaring Trump’s order lawful. Because the executive order principally directs federal agencies to take future actions, the Court said the states had not yet demonstrated concrete harm from the order – a necessary condition for challenging it in federal court.
Importantly, the justices did not rule on whether every part of Trump’s plan is legal. The Court explicitly stated that its ruling “does not mean that any measure taken by the Government to implement the Order will necessarily be lawful,” adding that on that question, “time will tell.”
All three liberal justices dissented.
“This is a major win for the security of American elections,” White House Deputy Press Secretary Lauren Bis said. “These are commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders.”
So, what does Trump’s executive order actually do?
First, it directs the Department of Homeland Security, working with the Social Security Administration and other federal databases, to create a “State Citizenship List” of confirmed U.S. citizens who will be at least 18 by the next federal election. Those lists are to be provided to state election officials at least 60 days before regularly scheduled federal elections.
States are not required by the order to use the federal list as their voter rolls, and appearing on it does not itself mean someone is registered to vote.
The order also directs the attorney general to prioritize investigations and, when appropriate, prosecutions of officials or others who issue federal ballots to people who are legally ineligible to vote.
The most consequential provisions for mail voting are contained in Section 3, which directs the Postal Service to develop new standards for mail-in ballots, including Official Election Mail markings, automation-compatible envelopes, and unique barcodes to improve tracking.
The order also calls for state-specific lists of mail voters and provides that USPS “shall not transmit mail-in or absentee ballots from any individual unless those individuals have been enrolled on a State-specific list.”
USPS has since issued a final rule detailing how that system would work. State and local election officials – not individual voters – would upload each mail voter’s name, address, and unique ballot-envelope barcodes to a federal portal. Ballot mailings that fail to satisfy the new requirements could be rejected and returned to election officials for correction.
The rule is also narrower than some descriptions of Trump’s original order suggest. USPS says it would not compare the information against voter rolls or independently determine whether individual voters are eligible. State and local election officials would retain that authority.
For voters, however, nothing changes immediately. A separate August 11 nationwide injunction remains in effect and specifically prohibits USPS from implementing Section 3 for the November 3 election. USPS has said it will not enforce the new mail-in ballot requirements this year unless the administration obtains relief from that injunction.
In other words, Monday’s ruling removes one legal barrier to the administration’s mail-in voting changes, but it is not yet a final green light for them to take effect this fall. The administration could now seek to have the separate August injunction lifted as well, potentially sending that dispute back to the Supreme Court.
The decision also clears the June roadblock affecting the citizenship-list and Justice Department provisions, giving the administration greater freedom to move forward with those portions of the order while the underlying litigation continues.
“With today’s SCOTUS ruling, President Trump has made a giant leap forward in securing our 2026 elections,” Utah Senator Mike Lee, a leading advocate for election integrity, said. “Congress must still pass the SAVE America Act to secure future elections. We should’ve passed it months ago. Thankfully, President Trump is making up for what we haven’t done.”
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