The U.S. Supreme Court on Monday lifted a June injunction that had blocked President Donald Trump’s executive order restricting mail-in voting in 23 states and Washington, D.C.
DR reports that the justices acted Monday on an emergency request from the U.S. Department of Justice. The department had asked the court to suspend a court order that stood in the way of the March executive order, ahead of the midterm elections in November.
The suspended injunction was issued in June by District Judge Indira Talwani in Boston. It blocked the directive in 23 mostly Democratic-led states and the federal capital, which had jointly sued to stop the process.
Second injunction still in force
A separate order remains in place. According to DR, citing Reuters, Talwani issued a nationwide injunction on August 11 that bars the U.S. Postal Service from enforcing the tightened mail-ballot rules. That case was brought by a group of civil rights organizations.
Reuters reports that the majority found it was too soon for the states to challenge the order. The justices agreed with the Justice Department that the states currently lack legal standing, but left the door open for new lawsuits as the election nears.
CNBC reports that the court split 6-3 along ideological lines, with the three liberal justices dissenting. The outlet describes the decision as an interim procedural step rather than a final ruling on the order’s legality.
As noted by The Guardian, the unsigned order states that lifting the injunction does not mean specific implementing measures will be lawful. The paper adds that it remains unclear whether the administration can apply the restrictions before November.
The executive order was issued in March. It requires the Department of Homeland Security to draw up lists of eligible voters for the states, and it directs the Postal Service to deliver ballots only to voters on those approved lists.
Per DR, the order also requires the Justice Department to investigate and prosecute officials who issue ballots to people not considered eligible to vote. In the litigation, the plaintiffs have argued that the directive conflicts with the U.S. Constitution.
Reuters and AP report that the Justice Department pressed for a fast decision because new procedures would need to be in place by late summer to affect the vote on November 3. The emergency application followed the rulings from June and August that blocked central parts of the order.
Reuters reports that limits on mail-in ballots are expected to benefit Republicans disproportionately, because Democratic voters have historically been more likely to vote by mail. The midterms will decide control of Congress. DR notes that Trump has long criticized mail-in voting and alleges fraud, without presenting documentation.
