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Supreme Court Clears Way for Parts of Trump’s Mail‑Voting Order

Clearing a procedural path for partial rollout, the Court left unresolved whether the order is lawful as lower‑court injunctions and implementation steps continue.

Overview

  • The unsigned Supreme Court order issued on Monday, Aug. 24 lifted a lower‑court pause on some claims against the March executive order, saying states sued too early to show concrete harm.
  • The U.S. Postal Service published a final rule on Aug. 21 that would require states to give USPS lists of intended mail‑ballot recipients and to use unique barcodes on ballot envelopes.
  • A separate nationwide injunction from U.S. District Judge Indira Talwani still blocks USPS from implementing the order for the midterms, so the rule cannot take effect until that litigation is resolved.
  • Election officials warn the order’s demands—federal citizenship lists, live list‑sharing with DHS and new envelope printing with barcodes—are costly and likely unworkable on the tight timeline, with risks of missed ballots and voter confusion.
  • The decision was 6‑3 with three liberal justices dissenting, and states and voting‑rights groups can renew challenges once agencies finalize actions, making further court rulings and agency moves the key near‑term developments.