Trump administration asks Supreme Court to weigh in on mail-in ballot order

The Trump administration has formally requested the Supreme Court to intervene in a legal battle over an executive order that imposes new restrictions on mail-in ballots. This move comes after a federal appeals court upheld a lower court's decision to block significant parts of the order in nearly half the nation's states ahead of the November midterm elections.

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The Executive Order functions only to direct the President's subordinates to take appropriate and lawful action to implement the President's policy objectives.

Solicitor General D. John Sauer argued that the initial injunction was an "extraordinary" overreach, preventing federal agencies from acting on what he described as "general policy guidance" aimed at enhancing election integrity. He stated the executive order merely directs presidential subordinates to take lawful actions to implement the president's policy objectives.

The executive order, signed in March, directs the Homeland Security secretary to create lists of eligible voters and instructs the U.S. Postal Service to develop new rules for mail ballots. However, 23 states and the District of Columbia filed a lawsuit challenging its legality, leading to the injunction that the administration now seeks to overturn.

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By stopping the relevant agencies and officials from implementing that Order with respect to the November 2026 federal election, the injunction operates as 'an improper intrusion by a federal court into the workings of a coordinate branch of the Government.'

Sauer contended that the district court's injunction was "premature" as federal agencies were still in the planning stages. He argued that the states' challenge targeted "hypothetical" agency actions and that the president has the legal right to direct his subordinates to consider appropriate measures. The administration warned that the potential harm to voter integrity in the upcoming election cannot be undone if the policy is not implemented.

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The harms to voter integrity in that election if the government's policy is not in place cannot be undone even if the government later prevails on the merits of its appeal.