The U.S. Supreme Court on Monday cleared the way for President Donald Trump to pursue sweeping changes to mail-in voting before November’s midterm elections – like having the U.S. Postal Service refuse to deliver vote-by-mail ballots in states like New Jersey that have balked at turning over unredacted voter registration lists to the Justice Department — temporarily lifting a lower court ruling that blocked his administration from establishing new federal controls over ballot delivery.
The Trump administration submitted its emergency application to Justice Ketanji Brown Jackson, who oversees emergency requests arising from the First Circuit. Jackson referred the matter to the full Supreme Court, which granted the stay despite her dissent; Justices Sonia Sotomayor and Elena Kagan also opposed the decision.
New Jersey Attorney General Jennifer Davenport joined a coalition of 23 states and the District of Columbia challenging Trump’s executive order, which directs federal agencies to create state-specific voter eligibility lists and establish new requirements for mailing ballots.
The March 31 order calls for the U.S. Postal Service to deliver mail ballots only to voters appearing on approved lists. It also directs the Postal Service to develop rules requiring ballot envelopes to carry unique tracking barcodes and meet federal design standards.
States that fail to comply could lose federal funding.
Trump’s administration argues the changes are necessary to prevent noncitizens from participating in federal elections, which is already illegal. A dozen Republican-led states supported the administration’s appeal.
In its application to the Supreme Court, the Justice Department argued that the states sued prematurely because federal agencies had not yet completed the actions necessary to implement the order.
The administration also maintained that the directive does not require states to use federal citizenship lists and permits federal agencies to act only within existing law.
New Jersey and the other states challenging the order say the president is attempting to assume election administration powers that the Constitution assigns to states and Congress.
They contend that creating federal voter lists could introduce mistakes, prevent eligible citizens from receiving ballots, and force election officials to overhaul their procedures weeks before voters begin casting ballots.
A federal judge in Massachusetts initially blocked key portions of the order, ruling that the administration lacked constitutional authority to impose the changes. The First Circuit declined to suspend that ruling before the Trump administration turned to the Supreme Court.
The timing could prove especially difficult for election officials. According to documents submitted to the court, the executive order establishes a September 4 deadline for federal officials to provide states with citizenship lists ahead of the November 3 election.
The Supreme Court’s decision does not resolve whether Trump’s executive order is constitutional. It permits the administration to proceed while the states’ challenge continues, potentially setting the stage for additional court fights over whether the new requirements can be imposed before Election Day.