US Supreme Court Revives Mail-Voting Restrictions Ahead of November Midterms

The US Supreme Court on August 25 reversed a Boston federal judge's preliminary injunction that had blocked key sections of President Trump's executive order restricting mail-in voting, allowing implementation to proceed while lower courts continue to hear challenges. The court's conservative majority ruled the district court acted prematurely before agencies had taken action to implement the order. Circuit courts remain divided on the EO's legality; the DOJ has appealed losses in eight federal circuits. With November's midterms approaching, the ruling creates significant uncertainty about voting procedures across 23 states and DC where the injunction had been in force. For law firms and in-house teams advising on US political risk, election administration litigation, or compliance with federal voter-data demands — the DOJ has lost all 18 district-court rulings in its voter-data campaign — this environment signals a contested pre-election period with material legal uncertainty around both the conduct of the vote and the integrity of the post-election certification process.