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What Supreme Court Justices Have Said About Mail-in Voting

What Supreme Court Justices Have Said About Mail-in Voting

Summary

The Trump administration has asked the Supreme Court to allow new Postal Service restrictions on mail-in ballots to take effect, despite a lower court blocking these rules. The Supreme Court will consider the case just as the first ballots for the November midterm elections are being mailed.

Key Facts

  • The Trump administration wants the Supreme Court to lift a temporary ban on Postal Service changes affecting mail-in voting.
  • A Boston judge ruled that new restrictions on mail ballots could cause serious problems and are hard to follow so close to the 2026 midterms.
  • The Supreme Court has a mixed record on mail-in voting cases, including a recent 5-4 ruling allowing ballots postmarked by Election Day to be counted even if received later.
  • Some justices, like Amy Coney Barrett and Chief Justice Roberts, supported counting late-arriving ballots; others, like Samuel Alito, dissented, worried about election integrity.
  • Justice Brett Kavanaugh has consistently warned against changing election rules near voting time, citing the "Purcell principle."
  • Justices Sotomayor, Kagan, and Jackson disagree with lifting previous injunctions against the administration’s orders, citing concerns about legal authority and election chaos.
  • Legal experts say the case could go through several courts quickly and are skeptical the administration will succeed, questioning the president’s power over state election rules.
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