President Trump signed an executive order in March 2026. It tells USPS to send mail ballots only to voters on a new federal eligibility list, and it tells DHS to give states citizenship data to build that list. California led a coalition of 23 states and Washington, D.C. in suing to block it. They argue the Constitution puts control over federal elections in the hands of states and Congress, not the president. Indira Talwani, a federal judge in Massachusetts, blocked the order for those states and D.C. in June. A second, separate lawsuit produced a broader nationwide injunction in August. On Monday, the Supreme Court lifted Talwani's injunction 6-3, but left the nationwide block in place.
1. The White House Calls This Basic Election Security (Lauren Bis)
Lauren Bis says the order protects ballot integrity and the ruling backs the president up.
This proves the order was legal all along, the White House says. Deputy press secretary Lauren Bis called the requirements "commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders." She said the administration will keep enacting the election-security agenda Trump ran on. The order requires USPS to check a new federal voter list before sending ballots, and DHS to hand states citizenship data for that list. The administration asked the Supreme Court to lift Talwani's injunction on July 27, and got exactly that on Monday.
2. But Democratic State AGs Call It Unconstitutional Overreach (Rob Bonta, Letitia James, Josh Shapiro)
Bonta, James, and Shapiro say the fight isn't over. They mean that literally — a second injunction still blocks the order.
California's attorney general says Monday's ruling settled nothing. Rob Bonta co-leads the 23-state coalition. He said the Court "opened the door" for the administration to make voting harder. But he stressed the decision "was not a ruling on the merits, and this fight is far from over." He argues the Constitution "gives the President no authority over how states administer their elections." New York AG Letitia James and Pennsylvania Governor Josh Shapiro echoed him, both vowing to keep fighting the order in court. The Brennan Center for Justice backs their reading, arguing the order's list-matching rules could wrongly purge eligible voters off the rolls. Right now, they also have this: the nationwide injunction from the second lawsuit is still blocking the order everywhere, so nothing changes on the ground yet.
3. Still, Two Justices Say the Real Problem Is How the Court Got Here (Ketanji Brown Jackson, Sonia Sotomayor)
Jackson and Sotomayor are objecting to how the Court reached this ruling, not just to what it decided.
The Court's own rules on election cases don't add up, Justice Jackson says. She wrote that the ruling "lets another shoe drop in the Kafkaesque nightmare that our precedents have been steadily creating for certain plaintiffs who seek to bring election-related challenges." She said it injects "chaos and uncertainty" into the midterms, regardless of who is ultimately right. Justice Sotomayor made a narrower point, joined by Justice Kagan: the stay "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 challenges." Neither dissent argues the order is legal. Both say the Court moved too fast on an emergency docket, weeks before ballots go out.
Where This Lands
The White House and the state AGs are fighting over whether the order is constitutional at all, and Monday's ruling didn't decide that question. It only lifted one of two injunctions blocking the order. Bonta, James, and Shapiro are already treating the fight as ongoing, not lost. Jackson and Sotomayor don't defend the order. They object to how the Court rushed this, on an emergency docket, weeks before ballots go out. The second, nationwide injunction is still in force, so how ballots actually get mailed this fall hasn't changed yet.
Sources
- SCOTUSblog: https://www.scotusblog.com/2026/08/supreme-court-allows-trump-administration-to-move-forward-with-order-imposing-restrictions-on-ma/
- Votebeat: https://www.votebeat.org/national/2026/08/24/supreme-court-lifts-stay-trump-executive-order-on-elections-mail-ballot-restrictions/
- NBC News: https://www.nbcnews.com/politics/supreme-court/supreme-court-hands-preliminary-win-trump-mail-ballots-executive-order-rcna590120
- The Hill: https://thehill.com/regulation/court-battles/6047813-supreme-court-trump-executive-order-mail-voting/
- The Hill (Jackson dissent): https://thehill.com/regulation/court-battles/6048109-justice-jackson-election-chaos-dissent/
- NPR: https://www.npr.org/2026/08/24/nx-s1-5909592/trump-mail-voting-order-supreme-court
- Election Law Blog: https://electionlawblog.org/2026/breaking-the-supreme-court-over-the-dissents-of-democratic-appointed-justices-stays-the-district-court-preliminary-injunction-in-trump-mail-in-voting-case-but-another-injunction-against-it-remains/
- California AG press release: https://oag.ca.gov/news/press-releases/attorney-general-bonta-responds-us-supreme-court-decision-allowing-president
- New York AG press release: https://ag.ny.gov/press-release/2026/attorney-general-james-releases-statement-supreme-court-mail-voting-decision
- Brennan Center for Justice: https://www.brennancenter.org/our-work/research-reports/analyzing-presidents-executive-order-mail-voting