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‘Major win’ for democracy as Supreme Court rejects Trump attack on mail-in voting

An election worker processes mail-in ballots at the Los Angeles County Ballot Processing Center during California's state primary election in the City of Industry, California, on June 2, 2026. Photo by Patrick T. Fallon / AFP via Getty Images
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This story originally appeared in Common Dreams on Sep. 14, 2026. It is shared here under a Creative Commons (CC BY-NC-ND 3.0) license.

The US Supreme Court on Monday night rejected a bid by the Trump administration to keep onerous US Postal Service rules for mail-in ballots in place, which voting-rights defenders said risked depriving millions of people of the franchise in this year’s midterm elections.

After a back-and-forth legal battle over the USPS rules that dragged on for months, the nation’s highest court issued the 7-2 ruling without elaborating on its legal reasoning, though right-wing Justices Samuel Alito and Clarence Thomas issued dissents in favor of President Donald Trump’s side.

The ruling in USPS v. California was in response to a legal challenge brought by the League of Women’s Voters, the attorneys general of numerous states, and others who argued that newly-announced rules by the Postal Service regarding mail-in ballots, changes prompted by an executive order issued by Trump, would prevent people from having their ballots counted and cause chaos for those trying to administer this year’s elections.

A victory for democracy, a defeat for election deniers. https://t.co/MKjfKmgyTv

— David Crowley (@DavidCCrowley) September 15, 2026

In response to the ruling, the plaintiffs’ legal team said the decision was “a critical step to ensuring free and fair elections this November by maintaining access to mail voting for millions of eligible voters across the United States and lifting the dire threat that the Postal Service would disenfranchise them.”

“Mail voting is safe, secure, and reliable—and the Trump administration has presented no evidence to the contrary, as the courts have repeatedly recognized,” the statement continued. “We will remain vigilant in countering threats to free and fair elections and ensuring that every eligible voter is able to cast a ballot and have it count.”

“Today’s decision is a victory for our democracy and a powerful affirmation of the rule of law,” said California Attorney General Rob Bonta in a statement. “The stakes in this litigation could not have been higher.”

Virginia Kase Solomón, president and CEO of Common Cause, was among the other pro-democracy advocates who welcomed the decision.

“Today’s decision is a major win for the millions of everyday Americans who count on vote-by-mail—our seniors, service members, busy parents, rural voters, and voters with disabilities,” said Solomón in a statement. “Vote-by-mail is safe, proven, and vital; even the president uses it. This executive order was a blatant power grab designed to silence voters and undermine our elections, but it failed because the people and the law were on our side. Our Constitution is clear: states run our elections, and voters choose their leaders—not the other way around. No administration can strip the people of their power.”

Michael McNulty, senior policy director for Issue One, a nonpartisan group that works to defend free and fair elections, also welcomed the ruling, but said vigilance would still be necessary going forward.

“The fight to preserve states’ authority to administer elections is far from over,” warned McNulty.

“President Trump continuously and falsely claims fraud in mail-in voting without evidence,” he added. “Despite voting multiple times with this method, he remains obsessed with centralizing control over elections to tilt the playing field. However, for now, one piece of that centralization effort is blocked, and it ensures that mail-in voting for the midterms won’t be disrupted.”

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Democrats, groups fight back after Supreme Court clears way for Trump attack on mail voting

Ballots are tabulated on election night at the Fulton County Elections Hub and Operation Center on November 5, 2024 in Fairburn, Georgia. Photo by Megan Varner/Getty Images
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This story originally appeared in Common Dreams on Aug. 25, 2026. It is shared here under a Creative Commons (CC BY-NC-ND 3.0) license.

Democratic leaders and a “pro-voter” coalition on Tuesday announced separate actions to combat President Donald Trump’s attack on voting by mail after the US Supreme Court’s right-wing majority delivered a “painful setback” for critics who argue the Republican’s executive order is unconstitutional.

The president’s March order directed the US Department of Homeland Security to compile lists of citizens eligible to vote, states to provide voter information to the federal government, and the United States Postal Service to craft new regulations for absentee ballots—for which the USPS published a final rule last Friday, less than three months away from the midterm elections.

The nation’s top court said in a 6-3 decision on Monday that Democrat-led states had not demonstrated sufficient standing to challenge the president’s order and paused a lower court injunction blocking its implementation. The attorneys general in that case, Trump v. California, vowed to keep fighting back, and as of Tuesday evening, others already are.

The chairs of the Democratic National Committee (DNC) and Democratic Governors Association, US Senate and House minority leaders, and heads of the party’s campaign committee for each chamber of Congress on Tuesday announced the filing of a new motion for a preliminary injunction.

“Today, we are taking strong, joint legal action to stop Trump’s unlawful attempt to restrict mail-in voting through the Postal Service,” said DNC Chair Ken Martin, Kentucky Gov. Andy Beshear, Sen. Chuck Schumer (NY), Rep. Hakeem Jeffries (NY), Sen. Kirsten Gillibrand (NY), and Rep. Suzan DelBene (Wash.) in a joint statement.

“Yesterday’s Supreme Court ruling did not say that Trump’s executive order attacking voting rights is constitutional,” they stressed. Rather than ruling on the merits of the challenge, the majority of justices simply said that the states had sued prematurely, as federal efforts to respond to Trump’s order were still underway.

“But the law is clear: States have the authority to run elections—not the president,” the Democrats said. “”We will not stand by while Trump and Republicans try to unnecessarily inject chaos and confusion into our elections, just weeks before voting begins. We are asking a district court to immediately stop the Trump administration from unlawfully disrupting mail-in voting in every state. Democrats will continue fighting every day until Trump’s illegal executive order, and all of his other attempts to undermine our free and fair elections, are completely thrown out.“

The Campaign Legal Center (CLC) and Democracy Defenders Fund (DDF) also continued their battle against the order, filing a new complaint on behalf of the Arizona Students’ Association, League of United Latin American Citizens, Secure Families Initiative, Texas’ Travis County, and the city of Madison, Wisconsin.

BREAKING: we just filed to STOP the new USPS rule on mail ballots

The Court only held that the injunction came too early. Now we HAVE a final rule & we are litigating it@DDFund_ & @CampaignLegal are proud to represent LULAC, Madison WI & Travis County TX pic.twitter.com/e7MTj66U0W

— Norm Eisen (@NormEisen) August 25, 2026

“Key provisions of the president’s second executive order on elections have already been declared unlawful in multiple federal cases,” said Anna Baldwin, CLC’s director of voting rights litigation. “But the US Supreme Court’s recent lawless order on the shadow docket has given USPS the green light to attempt to implement their new mail voting rules—mere weeks before mail ballots start to be sent out in some parts of the country.”

“But nothing in the Supreme Court’s procedural order suggests that the rules are lawful,” Baldwin emphasized. “We will not let the president’s dangerous anti-voter agenda go unchecked, so we’re filing a new complaint challenging USPS’ unconstitutional new rulemaking to ensure all voters can cast their ballot in November.”

Ripping Trump’s order as a “reckless power grab that would likely result in mass confusion, chaos, and disenfranchisement of eligible absentee voters,” DDF legal director Tianna Mays said that “this rule not only places ordinary Postal Service employees in the untenable position of determining whether eligible voters may receive and cast mail ballots, it wreaks havoc on state and local election officials and civic engagement groups.”

“If not stopped,” Mays warned, “our clients, voter advocacy groups, and local election officials in two states would be tasked with deciphering, implementing, and educating their staff and members about the rule’s requirements, just weeks before Election Day.”

Separately on Tuesday, Massachusetts-based US District Judge Indira Talwani found that the Trump administration violated her injunction by finalizing the rule published last week by the Postal Service, though she declined to take any action over it.

The group behind that case, the League of Women Voters Massachusetts, also pledged to keep fighting Trump’s efforts to restrict voting by mail—despite repeatedly voting that way himself—after the Supreme Court’s interim ruling on Monday.

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Trump doesn’t rule out ‘national security emergency for elections’ floated by far-right host

U.S. President Donald Trump listens to questions from reporters during a Cabinet meeting at Camp David, the presidential retreat, on July 31, 2026 in Camp David, Maryland. Photo by Anna Moneymaker/Getty Images
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This story originally appeared in Common Dreams on Aug. 11, 2026. It is shared here under a Creative Commons (CC BY-NC-ND 3.0) license.

A right-wing talk show host on Tuesday pushed President Donald Trump to declare a “national security emergency” that would let him meddle in the 2026 midterm elections—and the president did not rule it out.

In an appearance on Real America’s Voice, Trump listened as host Wayne Allyn Root rattled off actions he would like to see the president take ahead of the midterms.

“Let me put an idea in your head,” Root told Trump. “Because it’s so hard to get the Senate to do anything, now they’re on recess, they never get anything done. If they never get the SAVE America Act done, you have the right to declare a national security emergency for elections.”

🚨🚨🚨

WAYNE ALLYN ROOT: You have the right to declare a national security emergency for elections. If you do this in the next month, we will get photo ID, proof of citizenship, and a limit to mail ballots

TRUMP: Let me just say stranger things have happened. I'll leave it at… pic.twitter.com/SvXYoYI0lQ

— Aaron Rupar (@atrupar) August 11, 2026

Root then told the president that “if you do this in the next month” it would allow for the implementation of photo identification and proof of citizenship requirements, as well as restrictions on mail-in ballots.

“Let me just say that stranger things have happened,” Trump said in response. “I’ll leave it at that.”

The US Constitution does not give the president power to declare a “national emergency” that would allow him to unilaterally rewrite states’ election laws.

Regardless, ABC News reported in February that a group of pro-Trump attorneys were circulating a 17-page draft order that would use the purported threat of election interference from the Chinese government to declare a “national emergency” that would outright ban mail-in ballots and mandate that all ballots be hand-counted.

Trump has not yet signed such an order, but he has issued other election-related directives, including one that instructs the United States Postal Service (USPS) to not deliver ballots in any states that have not given the federal government access to their voter lists.

The USPS executive order and an order that required Americans to show proof of citizenship when registering to vote have been blocked by courts.

Regardless, some observers expressed concern that the president wasn’t yet finished in his efforts to meddle in the coming elections.

“There is zero reason,” wrote CNN host Jake Tapper, “to not take Trump at his word that he and his team are planning something alarming to disrupt the midterms and beyond.”

Criminal defense attorney Scott Greenfield observed in response to the president’s appearance on Real America’s Voice that “Trump has no legal authority to do this,” but warned “that doesn’t mean he won’t try.”

Journalist Mike Rothschild questioned what the conversation between Trump and Root said about both men’s mental stability.

“Once again, Donald Trump is not a wizard,” wrote Rothschild. “He can’t just manifest things into existence by saying them or with a tweet. There is no ‘right’ to do this in US law, nor is there any mechanism that would enable any of this to happen. Both people in this conversation are deranged.”

After losing the 2020 presidential election to former President Joe Biden, Trump refused to concede the race, lied about the election being “stolen” by nefarious actors, pressured Georgia Secretary of State Brad Raffensperger to “find” enough votes to overtake Biden in the Peach State, and pushed then-Vice President Mike Pence to reject certifying the election despite lacking constitutional authority to do so.

When these efforts to overturn the election failed, Trump encouraged his followers to march to the US Capitol, where they broke into the building, assaulted law enforcement officers, and sent members of Congress running for their lives.

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