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On July 27, 2026,the Trump administration filed an emergency Supreme Court appeal seeking to reinstate a March 2026 executive order that would create federal-state citizen voter eligibility lists and restrict U.S. Postal Service mail ballot delivery only to voters on approved lists.
The appeal followed lower court rulings blocking the order in 23 states and Washington, D.C.; the First Circuit (in Boston) affirmed the block in a 2-1 decision (Trump appointee Judge Joshua D. Dunlap dissenting), finding the order would "sow confusion" and "threaten disenfranchisement of many eligible voters."
The D.C. Circuit (with jurisdiction over federal agencies such as USPS) appeared to accept the administration's timing arguments with what Democracy Docket called 'credulity other courts have rejected.’
This circuit split makes Supreme Court intervention nearly inevitable, marking the first time the administration has sought high court review of an anti-voting executive order.
Solicitor General D. John Sauer characterized the lower court rulings as "indefensible" and warned of "serious irreparable harm" to the federal government. Sauer gained national prominence as lead counsel for Donald Trump in Trump v. United States (2024), the landmark presidential immunity case.
Legal challenges led by more than 20 Democratic attorneys general argue the order violates separation of powers by allowing the executive branch to control election functions traditionally regulated by Congress and individual states.
Nearly 30% of voters cast mail ballots in 2024. Democrats are more likely to vote by mail.
Courts have noted that noncitizen voting—the order's stated justification—is rare and already a felony punishable by deportation.
The Supreme Court has requested state responses by August 3.
Midterm voting begins in under two months.
Multiple related executive orders are facing simultaneous legal battles.
Sources:
President Donald Trump holds a signed executive order, July 23, 2025, in Washington. (AP Photo/Julia Demaree Nikhinson)
