Supreme Court Justice Ketanji Brown Jackson slammed the Supreme Court’s Monday shadow-docket decision to greenlight Donald Trump’s executive order restricting mail-in voting ahead of this year’s midterm elections. While the decision does not necessarily mean mail-in voting will be overhauled, it nevertheless removes a block that the judiciary had placed in the administration’s way.
In an unsigned order Monday, the Supreme Court lifted a lower court stay on an executive order requiring the U.S. Postal Service to bar any person not included on a massive federal voter list from receiving a mail-in or absentee ballot.
All three of the high court’s liberal justices dissented from the unsigned order.
“This ruling violates well-established precedents concerning this Court’s equitable discretion and needlessly injects chaos and uncertainty into the upcoming midterm elections,” wrote Jackson. “It also lets another shoe drop in the Kafkaesque nightmare that our precedents have been steadily creating for certain plaintiffs who seek to bring election-related challenges.”
After the executive order was signed in March, Democratic officials in 23 states and the District of Columbia sued to block the order. U.S. District Court Judge Indira Talwani blocked the plan in Massachusetts, and later issued a nationwide injunction. Last month, Trump’s DOJ asked the Supreme Court to weigh in on the issue, calling the challenge “premature” and “hypothetical” because the order had not been implemented by the Department of Homeland Security or the U.S. Postal Service.
It’s unclear how this order might be implemented in the time that remains between now and the fast-approaching midterm elections. The high court’s decision is also far from the final judicial challenge the administration faces in its efforts to juke the upcoming elections. Today’s ruling left open the possibility for future legal challenges.
Trump’s order has been described by Democratic leaders as a “desperate, illegal power grab” and “laughably unconstitutional.”
Despite the obvious chaos Trump’s order would cause, the U.S. Postal Service has moved ahead with issuing new requirements for mail-in ballots. If implemented, Trump’s executive order could potentially disenfranchise thousands of Americans who vote by mail ahead of the high-stakes midterm elections.
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