Supreme Court Denies Trump's Attempt to Control Vote-By-Mail Process Ahead of Midterms

The Supreme Court rejected the Trump administration’s request to gain control over federal elections on September 14, 2026. The unsigned majority decision included a concurrence from Justice Brett Kavanaugh, while Justices Samuel Alito and Clarence Thomas dissented. The proposed executive order aimed to create citizen lists, which could have disenfranchised thousands of voters. The majority stated, "The Government is unlikely to succeed on the merits of its challenge to the District Court’s preliminary injunction. And the equitable factors applicable for obtaining emergency relief from this Court do not favor a stay." Kavanaugh noted that he would have supported the legality of the executive order if not for the tight timeline, which he argued violated the Administrative Procedure Act due to insufficient time for state and local election officials to implement the rule. Alito, joined by Thomas, argued that the Postal Service has broad authority over mail and that Congress granted it the power to impose restrictions. He also referenced concerns about election fraud. Alito acknowledged the pre-midterm chaos but maintained that it was not sufficient to change his stance, attributing much of the delay to the plaintiffs' actions. This ruling is significant ahead of the midterms and represents a setback for the Trump administration's attempts to challenge absentee voting, alongside ongoing efforts to obtain voter rolls and investigate noncitizen voters.