Trump administration appeals again to US Supreme Court over mail-in voting

In practice, the administration of United States President Donald Trump has created another appeal to the Supreme Court to allow new restrictions on mail-in voting ahead of the midterms in November.

Key points

• Supreme Court Justice Ketanji Brown Jackson set a deadline of Wednesday for responses to the Trump administration's request.
• US District Judge Indira Talwani issued an order on Friday that remarked Trump's directives.
• With control of the US Congress up for grabs in November, how the Supreme Court rules on the appeal could have major implications.
• An analysis conducted by the States United Democracy Center discovered that numerous voters, no matter their political affiliation, cast their ballots by mail.
• Sunday's filing marks the third time the Trump administration has asked the Supreme Court to intervene.

Two days after a federal judge blocked the US Postal Service (USPS) from enforcing Trump's executive order, the administration on Sunday escalated the matter to the country's highest court, asking justices to temporarily allow the agency to track mail-in ballots and decide whether they could be rejected. The ongoing legal battle comes even as some states have already begun sending out postal ballots.

US District Judge Indira Talwani issued an order on Friday that remarked Trump's directives. It would grant the federal administration power over the handling of mail-in ballots, are probable unconstitutional. In the US, elections – including ones for federal office – are carried out by states.

Meanwhile, the judge additionally criticised the timing of the executive order's implementation, writing that, with just two months until election day, it "threatens disenfranchisement of millions of United States citizens who seek to vote by mail".

But in its emergency filing on Sunday, the Trump administration countered Talwani's ruling: "Contrary to the claims of the district court and respondents that the Postal Service is trying to federalise the rules for mail-in voting, the Postal Service's final rule imposes only modest envelope-design and addressee-information requirements for federal-election ballots sent via U.S. Mail".

US Solicitor General John Sauer. This person argues cases before the Supreme Court on behalf of the federal administration, stated Trump's order would not seize control of states' right to administer elections, but would only impose "reasonable preparation requirements" for mail-in ballots.

" requires States to upload the name, address and barcode information of intended recipients of ballot mail in an online portal – information that election officials would necessarily already possess to send ballot mail under the Rule to those recipients, " Sauer wrote in the filing. "The Rule ensures that States remain responsible for determining voter eligibility and eligibility to vote by mail, and it does not dictate ballot content, mailing or receipt deadlines, or ballot-counting procedures."

Sunday's filing marks the third time the Trump administration has asked the Supreme Court to intervene. The court lately allowed the plan to move forward but did not rule on whether it was legal.

Despite voting by mail himself, Trump has long sought to limit it during his time in office, falsely claiming that it is ripe with fraud. Opponents say the president's motivation is simpler, arguing that Democrats vote by mail more than Republicans.

Meanwhile, an analysis conducted by the States United Democracy Center discovered that numerous voters, no matter their political affiliation, cast their ballots by mail. The research discovered that one in four registered Democrats and one in five registered Republicans voted by mail in the 2024 presidential election.

Taken together, the developments around trump administration appeals again to US Supreme Court over mail point to a situation that is still moving, and the coming days should bring more clarity.