DOJ asks Supreme Court to revive Trump mail-in ballot curbs
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- Justice Department filed an emergency appeal with the Supreme Court on Monday asking it to pause a lower court ruling that blocked Trump's March executive order restricting mail-in voting in 23 Democratic-led states and Washington, DC.
- US District Judge Indira Talwani ruled in June that Trump lacked authority to unilaterally change state election administration, noting that under the Constitution, states oversee voter-eligibility requirements.
- The March executive order directed federal agencies to help create state lists of eligible voters, required the US Postal Service to deliver mail ballots only to people on those lists, and instructed DOJ to prioritize investigations into election officials accused of issuing ballots to ineligible voters.
- Solicitor General John Sauer argued the order amounted to "general policy guidance" rather than a directive, and urged swift Supreme Court action, saying new policy would need to be in place by August to be effective for the November midterms.
- The First US Circuit Court of Appeals declined over the weekend to pause Talwani's injunction, prompting the administration to escalate to the Supreme Court.
- Trump has repeatedly claimed, without evidence, that widespread voter fraud undermined the 2020 election, and has promised to end widespread use of mail ballots before the midterms that will determine control of the House and Senate.
- Voting rights advocates say restricting mail-in voting could disproportionately affect Democratic voters, who have historically been more likely than Republicans to cast ballots by mail.
Why it matters: The administration says new rules must be in place by August to affect the November midterms, putting the Supreme Court's decision timeline at the center of rules that will govern voting in 23 Democratic-led states and DC. Voting rights advocates argue the changes would disproportionately affect Democratic voters who rely on mail ballots, making the court's ruling a direct factor in which party controls the House and Senate.
