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The SCOTUS Six are playing fast and loose with the law (and their own rules) | In Focus
The justices said states can sue again if the Postal Service final rule harms mail voting, leaving the dispute unresolved before the midterm election.
On Monday, August 24, 2026, the Supreme Court declined to rule on President Trump's executive order regarding mail-in ballots, claiming the suit brought by 23 states was not yet "ripe" for adjudication.
Prior to the court ruling, the USPS proposed a rule claiming it would withhold mail-in ballots from states refusing to share voter roll information with the DOJ, analogizing ballots to "cremated remains" and "replica explosives."
Arguing the ruling "needlessly injects chaos," Justice Ketanji Brown Jackson wrote a scathing dissent, while the USPS formally published the controversial policy on Aug. 26, two days after the court's decision.
Attorneys general in at least 24 states have refused to release DOJ demands for private information, including Social Security numbers, asserting the Constitution grants states and Congress sole authority to change voting rules.
With less than 70 days before the midterm vote, the decision leaves voters facing uncertainty as critics warn The Executive is maneuvering to destroy Americans' trust in the democratic process.