Supreme Court Pauses Ruling Against Trump Administration Mail-Ballot Order

The Supreme Court on Monday sided with President Donald Trump for now in his effort to impose sweeping new restrictions on distributing mail ballots, putting on hold a lower-court ruling that had blocked key parts of the plan ahead of November's midterm elections.

The justices, over three dissents, paused a ruling by U.S. District Judge Indira Talwani in Boston that prevented the Trump administration from carrying out portions of a March executive order involving the U.S. Postal Service and voter eligibility lists. The court's three liberal justices dissented.

But the decision does not immediately allow the Postal Service to put its new mail-ballot system into effect.

A separate nationwide injunction issued Aug. 11 by U.S. District Judge Indira Talwani in Boston still blocks USPS from implementing the new procedures for the Nov. 3 elections. The administration would have to overcome that order as well.

The distinction was central to the Supreme Court's decision.

The majority said Trump's executive order itself does not require states to change how they conduct elections. Instead, it directs federal agencies to develop policies that could later impose requirements on states. Because those policies had not yet been implemented when 23 states and Washington, D.C., challenged the order, the court said the challenge was premature.

The justices stressed they were not deciding whether Trump's order or the policies developed under it are ultimately legal.

"The Court's disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful," the majority wrote. "On that score, time will tell."

The Postal Service last week finalized rules intended to carry out part of Trump's order, including new requirements involving ballot envelopes, barcodes and information states must provide USPS. Those rules remain blocked by Talwani's separate injunction.

The case now returns to the 1st U.S. Circuit Court of Appeals as the underlying legal fight continues. Some states have already started preparing to send ballots to military and overseas voters in early September.