Trump asks the Supreme Court for another shot at his mail-ballot plan

The Trump administration returned to the Supreme Court after a federal judge expanded a nationwide block on the president's mail-ballot order
The Trump administration asked the Supreme Court to revive parts of the president's executive order tightening federal mail-ballot rules ahead of the midterms (Getty Images)
The Trump administration asked the Supreme Court to revive parts of the president's executive order tightening federal mail-ballot rules ahead of the midterms (Getty Images)

WASHINGTON, DC: The Trump administration on Wednesday, August 12, asked the US Supreme Court to intervene after a federal judge expanded a nationwide block on President Donald Trump's executive order tightening federal mail-ballot rules, setting up another legal battle over the administration's authority to regulate election procedures before the November midterm elections.



The emergency filing asks the justices to pause US District Judge Indira Talwani's latest ruling, which prevented the US Postal Service from enforcing portions of Trump's directive nationwide.

The administration argues the lower court improperly blocked an executive order before federal agencies had taken actions that directly affected the plaintiffs.

Administration returns to high court

The Justice Department's latest filing follows Talwani's Tuesday ruling, which expanded an earlier injunction she issued in June after voting rights organizations challenged Trump's executive order.

Fencing surrounds the U.S. Supreme Court as it nears the end of its term, June 27, 2022 in Washington, DC. The Supreme Court released three opinions, Concepcion v. United States, Kennedy v. Bremerton School District, and Ruan v. United States.
The Supreme Court is being asked to decide whether Trump's election order can take effect while the underlying constitutional challenge continues in lower courts (Getty Images)

The administration had already asked the Supreme Court to pause the June injunction. Wednesday's request asks the justices to extend any relief they grant to cover Talwani's latest nationwide order as well.

Justice Department lawyers argued that the lawsuits were filed before federal agencies implemented actions causing concrete harm, contending that the plaintiffs' claims remain speculative.

The administration maintains that the executive order falls within the president's authority to direct federal agencies involved in election administration.

Judge questions executive authority

Talwani ruled that regulating elections is primarily a responsibility assigned to the states under the US Constitution, concluding that the executive branch lacked authority to impose the challenged requirements through presidential action.

<<enter caption here>> on January 8, 2014 in Washington, DC.
District Judge Indira Talwani ruled that the executive branch cannot unilaterally impose election rules that the Constitution reserves primarily to the states (Getty Images)

Her latest order specifically blocks the Postal Service from enforcing provisions tied to mail-ballot handling while the broader legal challenge continues in federal court.

The lawsuit was brought by several voting rights organizations represented by the American Civil Liberties Union, which argues the executive order exceeds presidential authority and unlawfully alters election procedures established under federal and state law.

Order targets federal agencies

Trump signed the executive order in March, directing multiple federal agencies to implement changes related to election administration.

NORTH LAS VEGAS, NEVADA - OCTOBER 20:  A Clark County election worker scans mail-in ballots at the C
Several provisions of Trump's executive order direct federal agencies, including the US Postal Service, to take a larger role in implementing mail-ballot requirements ahead of the midterm elections (Getty Images)

Among its provisions, the order instructs the Department of Homeland Security to compile information related to voter eligibility and transmit it to states.

It also directs the Justice Department to prioritize investigations involving alleged unlawful voting in federal elections.

Another provision requires the US Postal Service to deliver mail ballots only to voters appearing on state-approved absentee ballot lists. That requirement became the focus of Talwani's latest ruling.

The Supreme Court has not indicated when it will act on the administration's emergency request.

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