Supreme Court Allows Trump Mail-Ballot Order to Move Forward for Now

The following is a news release from the Colorado Secretary of State

Injunction of Trump Major Mail Ballot Executive Order Reversed Following SCOTUS Determination

Denver, CO – The United States Supreme Court has granted a stay of a federal injunction blocking major portions of President Trump's Executive Order on mail ballots in a 6-3 decision along party lines.

Colorado Secretary of State Jena Griswold has issued the following statement:

I am disappointed that the Supreme Court’s conservative majority did not stop the Trump administration’s attempt to exert federal control over state-run elections. Make no mistake: when the federal government attempts to implement this unlawful Executive Order, Colorado and other states across the country will fight back. This is not the end of this fight. Americans will have their voices heard in the 2026 midterm election. 

The Supreme Court’s decision was specific to whether the lower courts’ determination was premature. The decision allows the Department of Homeland Security to proceed in their implementation of the President’s directives to provide information to the States regarding who they believe is eligible to vote. The decision also stays the injunction preventing the Postal Service from finalizing rulemaking to implement the President’s Executive Order in 23 states and the District of Columbia. However, a separate court ruling on August 11 in the U.S. District Court of Massachusetts enjoining the Postal Service’s rulemaking nationwide remains intact.

Additionally, in lifting this injunction, the Supreme Court has allowed the Department of Justice to follow the President’s directive to prioritize the prosecution of election officials who send ballots to individuals who are not on the list provided by the Department of Homeland Security.

On August 20, the United States Postal Service published a final rule related to the Executive Order in question – Executive Order 14399 – noting that it would be in immediate effect on August 26 and after all injunctions were lifted. 

There are currently 71 days until the midterm election.  

Executive Order 14399 is the second Executive Order issued directly related to election administration during Trump’s second term. The President’s first executive order on elections issued during his second term, which sought changes to voter registration requirements, has been largely enjoined.

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