Trump administration petitions Supreme Court to enforce mail-in voting order

Published July 27, 2026 4:33 PM EDT

Justice Department attorneys urged the Supreme Court on Monday to reinstate Executive Order 14399, a directive overhauling national absentee voting rules ahead of the midterms, according to The Associated Press

The filing comes after federal appellate judges in Boston turned down a request to lift a temporary injunction halting key provisions of the order.

How the legal challenge reached the high court

What we know:

Signed by President Donald Trump on March 31, the executive action instructs federal agencies to cross-reference federal databases to build a state-by-state roster of confirmed citizens. It also mandates that the U.S. Postal Service decline to transport or deliver mail-in ballots addressed to individuals absent from these verified state rosters.

State election managers across dozens of jurisdictions filed suit to block the measure, asserting that federal efforts to set ballot distribution qualifications violate state authority over election administration.

What they're saying:

U.S. District Judge Indira Talwani barred enforcement of the directive in 23 state jurisdictions and Washington, D.C., ruling that the executive branch overstepped its constitutional bounds, according to previous Fox Local reporting. The 1st U.S. Circuit Court of Appeals upheld that injunction over the weekend in a split panel decision.

Solicitor General attorneys argued that lower courts acted prematurely and that the administration was within its executive authority to curb non-citizen voting, per Fox Local. They cautioned that the multi-state block creates operational uncertainty right as officials prepare for November.

The Associated Press reported that federal attorneys asked the high court for an expedited stay to allow government agencies to resume preliminary coordination with mail carriers and state registries.

What's next:

The emergency application now rests before the Supreme Court justice assigned to handle urgent matters originating from the First Circuit, who may request briefing responses from state plaintiffs before submitting the matter to the full bench.

The Source: Information from The Associated Press and previous Fox Local reporting. 

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