The Trump administration asked the Supreme Court on Monday to allow the implementation of an executive order restricting mail-in voting after lower courts blocked the directive in nearly two dozen states ahead of the November midterm elections, according to CNN. U.S. Solicitor General D. John Sauer filed the emergency application, urging the high court to intervene and lift an injunction that stopped key provisions of the policy, as reported by Thehill. The legal battle escalates the dispute 99 days before the November midterm elections, according to CNBC.
Trump Administration Files Emergency Supreme Court Appeal
President Donald Trump signed the directive in March, titled Ensuring Citizenship Verification and Integrity in Federal Elections,
which directs the Department of Homeland Security and the Social Security Administration to create a state citizenship list
of eligible voters, according to AP News and MS. The order also instructs the U.S. Postal Service to deliver mail ballots only to individuals on that compiled list, require individualized ballot tracking barcodes on envelopes, and prioritize the federal prosecution of state election officials who send or receive ballots to ineligible voters or non-citizens, as detailed by CNN.
Lower Court Rulings and State Challenges
A coalition of 23 Democratic-led states and the District of Columbia filed a lawsuit in U.S. District Court in Boston challenging the directive, arguing that the U.S. Constitution leaves the administration of elections to states and Congress rather than the White House, according to AP News and CNBC. U.S. District Judge Indira Talwani, an appointee of former President Barack Obama, agreed in June and issued an injunction barring the administration from implementing the provisions for the November 3 elections in the states that sued, according to Thehill and Cbsnews.
Over the weekend, a panel of the 1st U.S. Circuit Court of Appeals upheld the block in a 2-1 decision, concluding that local election officials were already forced to divert resources and prepare for changes that could cause voter confusion and disenfranchisement, as reported by CNN and CNBC. Walter Garcia, a spokesperson for California Attorney General Rob Bonta—whose state co-led the coalition—stated that they look forward to filing their response by the deadline set by Justice Ketanji Brown Jackson, according to CNBC.
Arguments and Implementation Timeline
In its Supreme Court filing, the administration argued that the lower court challenge was premature because federal agencies have not finalized regulations and the executive order merely serves as general policy guidance, according to CNN and Thehill. Solicitor General D. John Sauer wrote that the injunction is an “extraordinary” intrusion into the executive branch, noting that policies must be in place by early to mid-August to be utilized for the midterms, as noted by Thehill and Cbsnews.
Trump and his allies have promoted the changes as safeguards to prevent non-citizens from voting, though voting-rights advocates and critics argue the directive could cause chaos and prevent eligible voters from receiving ballots, according to AP News and CNBC. While improper voting remains exceedingly rare, the emergency appeal marks the Trump administration’s 35th emergency application to the Supreme Court, according to CNN and Thehill.
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