Trump asks Supreme Court to revive mail-ballot restrictions before midterms
Ahead of the November midterms, the Trump administration returned to the U.S. Supreme Court on Sunday seeking emergency intervention in its escalating legal fight over mail-in voting, asking the justices to allow contested U.S. Postal Service ballot restrictions to take effect immediately.
The filing follows a federal judge’s decision Friday to block the plan indefinitely while lower-court litigation continues.
The dispute has emerged as one of the highest-stakes legal battles of this year’s election cycle. It centers on how millions of Americans cast ballots as control of Congress hangs in the balance. Nearly one-third of U.S. voters cast ballots by mail in the 2024 presidential election, according to federal data, making the outcome critical for election administrators, political parties, and voters. Mail voting is heavily utilized in several closely watched battleground and Western states that could determine congressional majorities.
Newsweek reached out to the White House on Sunday.
A Race Against the Calendar
In an emergency application, Solicitor General D. John Sauer asked the high court to lift a block that was imposed Friday by U.S. District Judge Indira Talwani.
Talwani, an Obama-era appointee, concluded that challengers—including Democratic-led states and voting rights groups—were likely to succeed in arguing that the Postal Service policy intrudes upon powers reserved for states and Congress under the Constitution.
The Trump administration maintains that the rules are routine postal regulations designed to improve election integrity and do not constitute an unlawful federal takeover of elections.
A central question in the litigation is whether changes can realistically be implemented before Election Day. North Carolina has already begun mailing absentee ballots, with additional states scheduled to follow in the coming days.
The administration argued in its filing that each day the injunction remains in place deepens confusion, as local election officials continue preparing ballots under existing systems rather than the proposed federal standards.
Opponents counter that altering procedures so close to Election Day threatens significant logistical disruption for offices that have spent months preparing for the midterms. Several election experts previously told Newsweek that even a legal victory for the administration might arrive too late to meaningfully alter how many states administer mail voting this year.
High Stakes for the Midterms
The legal battle carries profound political implications for November, with control of Congress at stake. Republicans are defending their legislative majorities, while Democrats aim to capitalize on political headwinds facing the administration to make gains in the House and Senate.
A Democratic victory in either chamber would grant the party control of committee agendas and subpoena power, strengthening oversight and opening new avenues for investigation.
The partisan intensity surrounding the midterms was underscored Sunday by Democratic Representative Jamie Raskin of Maryland, the ranking member of the House Judiciary Committee. Appearing on NBC News’ Meet the Press, Raskin asserted that President Donald Trump has “undoubtedly” committed impeachable offenses, adding that he is “continually defying Congress,” highlighting how a shift in congressional control could reshape the final two years of the presidential term.
The administration has defended the mail-ballot restrictions as commonsense safeguards meant to bolster public confidence in elections. Critics argue the rules create unnecessary barriers to voting and represent an unconstitutional expansion of executive authority into an area traditionally managed by the states.
The Supreme Court faces mounting pressure to act quickly as ballots continue to reach voters nationwide. The justices’ next move will determine not only how mail ballots are handled in the closing weeks of the campaign, but whether one of the administration’s signature election-security initiatives survives.
Contact Newsweek editor for this story: Anthony Murray.
