Campaign Legal Center’s Trevor Potter Issues Statement Responding to SCOTUS Ruling on Mail Voting Executive Order

WASHINGTON — Today, the U.S. Supreme Court issued an order on the shadow docket pausing a lower court order that had blocked President Trump’s second executive order on voting from going into effect.  

The Supreme Court order states that it was too early for a decision to be made in this case because at the time of the lower court’s injunction, the federal government had not yet issued final regulations to implement the executive order. The Court did not address whether the president’s executive order is Constitutional or lawful.  

The Court also did not consider recent developments of the past several days, including USPS sending a final rule for publication in the Federal Register which would formally implement several of the challenged provisions of the executive order.

Campaign Legal Center’s President Trevor Potter issued the following statement in response:

“This order by the U.S. Supreme Court is yet another example of the highest court in the country granting the current administration undue latitude to engage in anti-democratic actions. However, this decision is purely about the timing of court challenges — not the merits of the president’s case. Americans everywhere should know that the president still has no constitutional or legal power to change our election rules, nor does this ruling mean that his second executive order on voting will ultimately be held lawful by the courts.  

“This ruling does not remove anyone from the voter rolls, and Americans are still able to vote by mail according to the laws of their respective states. We will immediately challenge any and all actions by the federal government to carry out the president’s unlawful executive order in response to this ruling, including the rule the USPS has indicated it will publish this week.

“The president cannot change our election rules. That power lies with the states and Congress. Just as we challenged both of his executive orders on elections to protect Americans’ freedom to vote, we stand ready to challenge any illegal actions taken by the federal government imposing additional barriers to the ballot.”

Campaign Legal Center (CLC) submitted an amicus brief to the Supreme Court in this case on August 3, 2026, on behalf of 56 former state and federal judges urging the Court to reject the administration’s attempt to revive mail-voting restrictions that would force states to overhaul election systems just weeks before ballots are sent.

In a separate proceeding, CLC and Democracy Defenders Fund, on behalf of the League of United Latin American Citizens (LULAC), Secure Families Initiative (SFI), and Arizona Students Association (ASA), are challenging the executive order as an unconstitutional executive overreach that violates both federal law and the separation of powers. That litigation is ongoing.

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

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