The Supreme Court on Monday let the Trump administration begin moving forward with an executive order restricting mail-in voting, pausing a Massachusetts judge's injunction that had blocked key provisions from taking effect in 23 states and the District of Columbia ahead of the November midterms.
The 6-3 ruling split along ideological lines, with the court's Republican appointees in the majority. In an unsigned opinion, the majority found it was too early for the challenging states to sue, since the administration has not yet finished implementing the order — meaning the states have not yet suffered a legal injury.
President Donald Trump signed the order in March, directing the Department of Homeland Security to compile state-by-state lists of adult U.S. citizens, instructing the attorney general to prioritize prosecuting officials who issue ballots to ineligible voters, and requiring the U.S. Postal Service to build its own list of "enrolled" voters eligible to receive mail ballots.
California led a coalition of 23 states and the District of Columbia in challenging the order, arguing it conflicts with the Constitution's grant of election authority to the states. U.S. District Judge Indira Talwani sided with the challengers in June, and the 1st U.S. Circuit Court of Appeals declined to pause her ruling. The Trump administration appealed to the Supreme Court in late July, warning that further delay would leave the Postal Service unable to implement new ballot-design rules before mail voting begins in some states.