The Supreme Court Gets a Narrow Look at Trump’s Mail-In Ballot Order

Expect another round of wailing, teeth-gnashing, and garment-rending aimed at the Supreme Court, either from the populist right or the left (on legal issues, there really is no non-populist left). Why? Because the Trump administration is asking the Court to weigh in on a lawsuit against his executive order on mail-in ballots. On the merits of the case, Trump is wrong —albeit not necessarily wrong for all of the reasons some critics claim. But on the narrow issue presented to the Court, he might have a stronger case for immediate, temporary relief from a district court injunction that was left in place by the Court of Appeals for the First Circuit.

Stepping back a bit: on March 31, Trump issued an executive order aimed at ensuring that only U.S. citizens can vote in upcoming federal elections, including the 2026 midterms. Three elements of that order have been challenged in court. To simplify their main elements: Section 2 directs the Department of Homeland Security to compile “citizenship lists” of residents of each state who are 18 or older and are citizens, and to send those lists to state and local officials. Section 3 directs the United States Postal Service to refuse to deliver ballots sent by voters not on the DHS citizenship lists, which would be implemented in part by requiring states to use specially marked, bar-coded envelopes. Section 5, and elements of Section 2, direct the Justice Department to prioritize investigations of anyone (including state and local officials) who issues ballots to people not on the DHS lists or otherwise assists them in voting. Section 5 also warns states not to dispose of records.

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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Expect another round of wailing, teeth-gnashing, and garment-rending aimed at the Supreme Court, either from the populist right or the left (on legal issues, there really is no non-populist left). Why? Because the Trump administration is asking the Court to weigh in on a lawsuit against his executive order on mail-in ballots. On the merits of the case, Trump is wrong —albeit not necessarily wrong for all of the reasons some critics claim. But on the narrow issue presented to the Court, he might have a stronger case for immediate, temporary relief from a district court injunction that was left in place by the Court of Appeals for the First Circuit.

Stepping back a bit: on March 31, Trump issued an executive order aimed at ensuring that only U.S. citizens can vote in upcoming federal elections, including the 2026 midterms. Three elements of that order have been challenged in court. To simplify their main elements: Section 2 directs the Department of Homeland Security to compile “citizenship lists” of residents of each state who are 18 or older and are citizens, and to send those lists to state and local officials. Section 3 directs the United States Postal Service to refuse to deliver ballots sent by voters not on the DHS citizenship lists, which would be implemented in part by requiring states to use specially marked, bar-coded envelopes. Section 5, and elements of Section 2, direct the Justice Department to prioritize investigations of anyone (including state and local officials) who issues ballots to people not on the DHS lists or otherwise assists them in voting. Section 5 also warns states not to dispose of records.