Supreme Court Lifts Block on Trump Mail-In Voting Order

SCOTUS lifted an injunction blocking Trump's mail-in voting restrictions 70 days before midterms.

On August 24, 2026, the U.S. Supreme Court issued an unsigned per curiam opinion lifting a preliminary injunction that had blocked President Donald Trump's March executive order on mail-in voting. The ruling in *Trump v. California* came on the Court's emergency docket without full briefing or argument. The executive order directs the Department of Homeland Security to create state citizenship lists of eligible voters, prioritizes prosecution of election officials who issue ballots to ineligible voters, and instructs the U.S. Postal Service to issue new rules governing mail ballots. The order was signed at the end of March 2026, according to the National Constitution Center and The Conversation.

The Court's majority held that the plaintiff states lacked standing and that their claims were not yet ripe, because the U.S. Postal Service had not issued a final rule when the states filed suit. The opinion stated that the executive order itself "does not harm the States" and that the injunction was "likely to irreparably harm the Government" if it remained in place. Crucially, the Court wrote that its disposition "does not mean that any measure taken by the Government to implement the Order will necessarily be lawful." According to PBS, constitutional law professor Steve Vladeck called it "a very time-limited" win that resolved nothing about the order's underlying legality. Ms. Magazine emphasized that the Court did not uphold the proposed restrictions or change anyone's current ability to vote by mail.

Justice Sonia Sotomayor, joined by Justice Elena Kagan, dissented, writing that the decision "does not address whether the President's attempts to interfere with States' administration of the November 2026 elections are lawful" and "merely postpones adjudication" of those questions. Justice Ketanji Brown Jackson dissented separately, calling the ruling a "Kafkaesque nightmare" that "needlessly injects chaos and uncertainty into the upcoming midterm elections." Jackson argued the majority created a Catch-22 where challenges can be dismissed as too early but later blocked as too close to an election under the Purcell principle. The Conversation reported the ruling was a 6-3 decision by the conservative justices.

Washington Secretary of State Steve Hobbs called the ruling "disappointing" and warned that the USPS rule change would require redesigned ballot return envelopes, which he said could not be done by the state's October 16 ballot mailing date. Hobbs said Washington would seek a waiver and noted that in-person voting centers remain available. Washington State GOP Chair Jim Walsh urged compliance, saying the state should share voter data with the Department of Justice. KATU reported that Oregon Secretary of State Tobias Read issued a directive telling local offices to administer the election under current law and that all eligible Oregonians will receive ballots by mail as planned.

A separate nationwide injunction secured by the League of Women Voters in *League of Women Voters of Massachusetts v. Trump* remains in effect, blocking the Postal Service from implementing its final rule. The National Constitution Center reported that on August 21, 2026, the USPS issued its final rule to implement Section 3 of the executive order, but that rule states it cannot go into effect while the League injunction remains. Ms. Magazine reported the League's counsel saying the ruling "only addresses the timing of the state plaintiffs' challenge" and does not affect voters' ability to cast mail ballots. PBS reported Vladeck's assessment that the status quo—the executive order not in effect—remains unchanged for now.

With 70 days until the November 3 midterm Election Day and Minnesota set to begin absentee voting on September 18, the timeline is extremely compressed. PBS reported Vladeck predicting the Supreme Court could weigh in again by the end of the next week. The National Constitution Center noted the stay is pending the First Circuit's disposition and any subsequent certiorari petition. The Conversation's election law scholar John J. Martin said the Supreme Court cannot avoid eventually deciding the case on its merits. KOMO reported that Washington state has 52 days until ballots are sent out. The dispute could return to the high court within days as courts weigh whether the Postal Service's finalized rule can take effect.