It was inevitable that we would reach this point. After a string of humiliating defeats in court, the Department of Justice asked the Supreme Court in an emergency appeal yesterday afternoon to let it seize control of mail voting ahead of the midterms. Because the Court term ended in early July, this case will be considered on the so-called shadow docket.
On March 31, 2026, Donald Trump signed a sweeping executive order asserting presidential power over the conduct of the midterm elections. That order — titled "Ensuring Citizenship Verification and Integrity in Federal Elections" — directs the Department of Homeland Security to compile a "State Citizenship List" of people the administration claims are eligible to vote.
The order also directs the Postal Service to write a rule barring it from delivering absentee ballots to anyone not on a separate, state-submitted list of approved voters — a list states would have to hand over to USPS at least 60 days before a federal election.
Backing up this effort is a directive to the Justice Department to prioritize investigating and prosecuting anyone involved in printing, producing, shipping or distributing ballots to voters deemed ineligible — a category broad enough to target state and local election officials and postal workers. It also threatens to cut off federal funding to any state that doesn't comply.
Like Trump's prior efforts to claim powers over federal elections that he does not have, this one was blocked by a federal court. A group of 23 Democratic-led states sued and won. After the First Circuit upheld that victory, the DOJ went to the Supreme Court...
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