US Supreme Court Clears Way for Mail-Ballot Restrictions Ahead of November Midterms
BY INSIDE PRACTICE · SEPTEMBER 3, 2026 · 1 MIN READ
The US Supreme Court on August 24, 2026, lifted one of two injunctions blocking President Trump's executive order restricting mail-in voting, allowing the administration to begin implementing key provisions ahead of the November midterm elections. The majority explicitly stated that the ruling did not address the legality of the executive order itself, leaving additional constitutional challenges active. The order would require DHS to send states lists of citizens over 18, require states to provide the federal government with lists of registered mail-ballot voters, and authorize the US Postal Service to decline delivery of mail-in ballots in non-compliant states. A federal judge subsequently lifted the final block on August 26. For in-house counsel at companies with significant employee bases in affected states, and for law firms advising clients on election-related compliance and risk, the November election is now operating under a contested legal framework — further litigation is certain before voting begins.