Justice Department Urges Supreme Court to Allow Mail-In Voting Order

The Justice Department has asked the Supreme Court to consider an executive order from President Donald Trump that could significantly alter mail-in voting procedures ahead of the November midterm elections. The department requested that the high court lift lower court decisions that have blocked widespread changes in nearly half of the country's states.

The request follows a March executive order directing the creation of a "state citizenship list" of eligible voters, with mail-in ballots to be delivered only to those on this list. The order also stipulated that states and localities not complying could face a loss of federal funding. Democratic-led states and the District of Columbia have sued, arguing the Constitution grants states and Congress, not the president, the authority to set election rules. Their attorneys contend that Trump's proposed changes are ripe for abuse and could cause chaos.

A judge in Massachusetts blocked the executive order for the involved states, a decision that was upheld by the U.S. Circuit Court of Appeals over the weekend. The Justice Department is arguing in its appeal that Trump's order provides "general policy guidance" and does not directly dictate how states run their elections. A department representative asked the Supreme Court to freeze the judge's order during the ongoing litigation, calling it " indefensible." There is a concern that any new policies must be in place by August to be effective for the November elections.

Mail-in voting has been a frequent target for Trump, despite his personal use of the method. He has blamed it for his 2020 election loss and has claimed without evidence that it facilitates fraud. However, data indicates that mail-in voting has become increasingly popular and is considered secure. A 2025 Brookings Institution study found approximately four instances of fraud per ten million mail-in ballots cast.