legal
Supreme Court Allows Trump Mail-In Voting Restrictions to Take Effect, DOJ Seeks to Extend Order Nationwide
The Supreme Court issued an emergency order on Monday allowing the Trump administration to move forward with plans to restrict mail-in voting ahead of November's midterm elections. The ruling lifted a lower court's injunction that had blocked the restrictions. Following the Court's order, the Department of Justice filed a late-night motion asking a federal judge in Massachusetts to lift a separate nationwide block on the same restrictions, arguing the Supreme Court's ruling 'leaves no room for further dispute.' A federal judge separately blocked enforcement of Ohio's proof-of-citizenship requirement for voter registration. The Supreme Court's order does not immediately change voting procedures but clears a legal path for the restrictions to be implemented while litigation continues.
Aug 25 (AM)Supreme Court issues emergency order lifting injunction on Trump mail-in voting restrictions, allowing administration to move forward while legal challenges continue.
Aug 25 (afternoon)Democratic governors publicly criticize the ruling; New Jersey Gov. Mikie Sherrill calls it a 'terrible decision' and asserts states control elections.
Aug 25 (evening)A federal judge separately blocks enforcement of Ohio's proof-of-citizenship requirement for voter registration.
Aug 25 (late night)DOJ files motion in Massachusetts asking a federal judge to lift a separate nationwide block on mail-in voting restrictions, citing the Supreme Court's order.
Aug 26 (overnight)AP and MSNBC report on the uncertainty the ruling creates for election administrators as ballot-mailing deadlines approach.
Why It Matters
Several states are weeks away from mailing out ballots, meaning any implementation of the restrictions could affect voters before they have a chance to challenge the outcome in court. Republican election attorney Ben Ginsberg has noted that the restrictions are likely to disproportionately affect Republican voters, particularly older voters who rely heavily on mail balloting — raising the prospect of intra-party blowback. Democratic governors are signaling they intend to resist, with New Jersey Gov. Mikie Sherrill asserting that 'states run elections, not Donald Trump.' The DOJ's Massachusetts filing means at least one additional federal court must now decide whether to comply with or resist the administration's expansion of the ruling — a problem that lands on election administrators who must lock in ballot procedures now, without knowing which way those courts will go.
What's Next
Confidencehigh
Agreementmixed