Mail balloting has long been a favourite target of US President Donald Trump.
Published On 24 Aug 2026
The United States Supreme Court has cleared the way for President Donald Trump to move ahead with his executive order restricting mail voting, though it remains unclear how much his administration can implement before the fast-approaching midterm elections in November.
The decision on Monday appears to leave room for additional court challenges that could further slow Trump’s order. The court has a 6-3 conservative majority. The three liberal justices dissented from the decision.
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The US Postal Service laid out how it would implement the order last week, but time is running short to impose major changes with some states beginning to send mail ballots to voters in just a few weeks.
Voting by mail has long been a favourite target for Trump, who has claimed that it breeds fraud despite strong evidence to the contrary and his own use of the voting method.
The case could be one of multiple voting-related challenges before the justices. The US Justice Department had filed an emergency appeal asking the high court to allow work on implementing the changes before the midterms.
Trump’s executive order, signed in March, calls on his administration to create lists of eligible voters and orders the US Postal Service to deliver mail ballots only to people on those lists.
Democratic officials in 23 states and the District of Columbia sued to block the order. They argued that the US Constitution gives states and Congress the power to run elections, and Trump’s changes could lead to chaos and partisan abuse.
“The consequences of allowing such transformative changes to take effect so close to this fall’s elections would be extreme,” lawyers for the states wrote. Dozens of state and local election officials weighed in, asking the justices to leave the order frozen while election preparations are already underway.
A judge in the US state of Massachusetts blocked the plan for the midterm elections in those states. An appeals court upheld her decision. She later granted a second order blocking it nationwide.
The Trump administration appealed to the Supreme Court on procedural grounds in late July, arguing that the states sued too soon. They also pointed to another ruling out of Washington, where a judge allowed Trump’s order to proceed. An appeals court backed that decision, while still leaving room for future court action if the changes are implemented.
Federal attorneys argued that the Massachusetts order “blocks the government’s ability to finalize and implement the President’s proposed policies to promote election integrity for the upcoming federal elections in November.”
A dozen Republican-leaning states supported the federal government in their own appeal before the high court, saying states would have input on the final voter lists.
The Supreme Court has previously ruled against Trump-backed arguments on mail-in ballots, finding in June that states can count ballots that arrive after Election Day. That case was decided after full briefing and arguments, rather than on the court’s emergency docket.
Trump, who has made false claims of widespread fraud in U.S. elections including his 2020 loss to Democrat Joe Biden, has pressed the Republican-controlled Congress to pass a contentious package of voting restrictions called the SAVE America Act.
He’s also repeatedly pressed for the passage of the legislation that requires proof of citizenship to vote. Noncitizen voting has been shown to be rare, and is a felony that can be punishable by deportation.
Using mail ballots has become increasingly popular with voters of both parties, with about 30 percent of all ballots cast that way during the 2024 presidential election, according to federal data. The process also is secure. A 2025 Brookings Institution study found only about four cases of fraud out of every 10 million mail ballots cast.
