The Department of Justice (DOJ) is appealing to the Supreme Court to reinstate an executive order by President Donald Trump that aims to restrict mail-in voting. This executive order, issued earlier this year, directs the Department of Homeland Security (DHS) to compile a list of verified U.S. citizens eligible to vote and instructs the U.S. Postal Service (USPS) to establish new rules for mail-in voting. The DOJ’s Solicitor General, D. John Sauer, argues that the lower courts lack jurisdiction because the USPS and other agencies are still determining how to implement the order.
The executive order has faced significant legal challenges. According to the American Civil Liberties Union (ACLU), a federal court recently allowed voting rights groups to continue their legal challenge against the order. The court recognized that the Trump administration and USPS are actively working to implement the order, which seeks to override state election laws by directing USPS not to deliver certain mail ballots.
The Brennan Center for Justice reports that the order could cause chaos in elections, block eligible voters, and expose election officials to criminal prosecution. The order instructs USPS to refuse to deliver ballots from individuals not on federal mail voter lists and threatens penalties for election officials who send ballots to those deemed ineligible.
Recently, the U.S. First Circuit Court of Appeals denied the Trump administration’s request to pause a lower court order blocking the USPS from executing the executive order. As reported by Democracy Docket, the court ruled that complying with the order would impose financial burdens on states and interfere with their sovereign power to administer elections.
The DOJ’s appeal to the Supreme Court seeks to ensure that the executive order can be implemented in time for the upcoming midterm elections. The outcome of this legal battle will have significant implications for mail-in voting and election administration across the United States.
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