The Trump administration has made its latest legal maneuver by appealing once again to the US Supreme Court, aiming to secure approval for the president’s mail-in ballot initiative under the USPS “Ballot Mail for Federal Elections” rule. This marks the third such appeal, underscoring a contentious legal battle over voting procedures ahead of the upcoming elections.
Representing the administration, Solicitor General D. John Sauer filed an emergency application requesting that USPS be permitted to withhold mail-in ballots from states that have not verified voter eligibility through citizenship data. The request is a strategic move amidst the ongoing appeals with the US Court of Appeals for the First Circuit. Sauer is confident in the administration’s legal standing, asserting that the plan allows state election officials to maintain control over voting by mail, arguing for its validity under USPS authority. Notably, the application also retracts a previous petition filed earlier in the week. More details on the specifics of this appeal can be found in the JURIST report.
This legal request is tied to President Trump’s Executive Order 14399, designed to implement stronger citizenship verification measures in federal elections. The order instructs the Department of Homeland Security, along with the Social Security Administration, to compile lists of eligible citizen voters, while directing USPS to enforce new regulations on mail-ballot procedures. Despite these efforts, the USPS rule is facing challenges from several states, with California leading a coalition questioning the order’s legality.
In recent developments, a temporary restraining order issued by the US District Court for the District of Massachusetts was replaced by a preliminary injunction by Judge Indira Talwani. These judicial actions have currently halted USPS from proceeding with parts of the mail-in ballot rule. Judge Talwani highlighted the overreach into congressional powers, deeming the USPS rule incompatible with existing statutory frameworks.
The preliminary injunction has raised questions about the administration’s application to the Supreme Court, as it potentially renders their appeal moot. These developments add layers to the already complex legal narrative surrounding the voting method and are expected to play a pivotal role in shaping how mail-in ballots are handled this election cycle.