The US Supreme Court on Monday (Sep 14) rejected President Donald Trump's bid to restrict mail ballots for the midterm elections. The decision allows states to continue sending out mail ballots under the same processes that is being used for years. Mail ballots account for nearly a third of votes cast. The Supreme Court majority did not detail its reasoning but two justices, Samuel Alito and Clarence Thomas, publicly dissented from the brief order. The Trump administration had asked the court to clear the way for restrictions before the November midterms.
Alito wrote in his dissent that the Postal Service "has broad authority to regulate the mail" and likely does have the power to enforce Trump's restrictions. Justice Brett Kavanaugh agreed that the restrictions should not go into effect for the midterms but indicated he might rule in favour of the Trump administration if the issue comes back before the court at a later time.
Earlier in August, US Supreme Court gave a temporary victory to Trump in his effort to restrict mail-in voting ahead of the November midterm by allowing key parts of his executive order to move forward. The court's 6-3 decision lifted a lower court's injunction that had blocked parts of Trump's March 31 executive order, which seeks to impose new federal requirements on mail-in ballots. The justices did not rule that the order is ultimately constitutional.
Why is Trump against it?
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Trump falsely attributed his loss in the 2020 presidential election to Joe Biden to mailed ballots. In 2020, due to COVID-19 pandemic, mailed ballots were expanded but, Trump, his officials and supporters argued that changes made in voting in Georgia, Michigan, Wisconsin, Arizona, Nevada and Pennsylvania were unlawful. Trump called it “the greatest scam in the history of politics.” In March 2026, when he is the President, Trump issued an executive order requiring the US Postal Service maintain a list of eligible voters and block mailed ballots to anyone not on that list. He wants to transform the change into law via the Save America Act in the US Congress.

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