Trump Administration Asks Supreme Court to Restore Mail-Voting Restrictions

Jul 27, 2026

The Trump administration petitioned the Supreme Court on July 27, 2026, to lift lower court blocks on a March 2026 executive order restricting mail-in voting. Solicitor General D. John Sauer filed the emergency appeal after the 1st U.S. Circuit Court of Appeals upheld a ruling by U.S. District Judge Indira Talwani. The order, challenged by 23 states, directs the USPS to limit ballot deliveries and tasks federal agencies with compiling voter lists, which critics call unconstitutional voter suppression.

DOJ Supreme Court emergency appeal

▪U.S. Solicitor General D. John Sauer argued in the Supreme Court filing that the lower court injunctions are premature because federal agencies are still deliberating on how to implement the executive order.
▪The U.S. Supreme Court ordered the 23 states challenging the mail-in ballot restrictions to file their response to the administration's appeal by August 3, 2026.
▪The Trump administration filed an emergency appeal on July 27, 2026, asking the U.S. Supreme Court to allow the nationwide implementation of an executive order tightening mail-in voting rules.

Trump mail voting executive order

▪The executive order directs the Justice Department to prioritize investigating and prosecuting state and local election officials who distribute federal ballots to individuals deemed ineligible.
▪President Donald Trump signed an executive order in March 2026 directing federal agencies to restrict mail-in voting and establish voter eligibility lists.

First Circuit appellate ruling

▪The 1st U.S. Circuit Court of Appeals majority stated that the executive order's changes would strain states, sow confusion, and threaten to disenfranchise eligible voters for the November 2026 elections.
▪The Boston-based 1st U.S. Circuit Court of Appeals ruled 2-1 on July 25, 2026, to uphold a lower court order blocking key components of President Donald Trump's mail-in voting executive order.
▪The 1st U.S. Circuit Court of Appeals panel consisted of judges appointed by Joe Biden and George W. Bush who voted to block the order, and a Trump-appointed judge who dissented.

USPS proposed mail ballot rule

▪The U.S. Postal Service proposed a rule in May 2026 to deliver mail-in ballots only to voters included on approved state-provided lists.
▪U.S. District Judge Indira Talwani barred the U.S. Postal Service from implementing its proposed mail-in ballot delivery rule in 23 states and the District of Columbia.

Federal voter registration lists

▪President Donald Trump's executive order directed the Department of Homeland Security and the Social Security Administration to compile lists of confirmed U.S. citizens eligible to vote.
▪U.S. District Judge Indira Talwani barred the Department of Homeland Security and the Social Security Administration from creating the federal voter eligibility lists, ruling that federal agencies lack the ability to compile accurate citizen lists for each state.

State election administration authority

▪A coalition of 23 states and the District of Columbia sued to block the executive order, arguing that the U.S. Constitution reserves the authority to administer elections and determine voter eligibility to the states.
▪U.S. District Judge Indira Talwani ruled in June 2026 that key parts of President Donald Trump's executive order were unconstitutional because they exceeded presidential power and violated the separation of powers.