On September 14, 2026, the United States Supreme Court preserved the promise of free and fair elections, for the time being, by refusing to lift an injunction by two District Court Judges that prevented the Trump Administration and the US Postal Service from implementing policies that could potentially disenfranchise millions of voters.[1]
in March of this year, Trump issued an executive order directing the United States Postal Service to implement certain procedures and restrictions on who could obtain and return a ballot by mail. Department of Homeland Security would compile lists of eligible voters, which would in turn, be sent to the Postal Service, that would mail ballots to those on the list which had been approved by DHS.[2] Despite the enjoining of the implementation of these plans, the United States Postal Service continued to try and build a portal for the receipt of mail and ballots according to a whistleblower. The whistleblower warned that the” risky and haphazard implementation of Trump’s order could lead to a catastrophic failure in the mail ballot system.” The portal called the ” Federal Ballot Mail Portal” would serve as a database for voter information that could be used to reject ballots that appear invalid” [3]
Every state in America permits mail-in voting. In all exclusively mail-in states, the state automatically sends a ballot by mail and once the ballot is completed the voter returns it by mail or by place it in an authorized drop box. Oregon and Washington conduct all balloting by mail and have no Election Day polling places. Twenty-eight states allow voters to request a ballot without having to provide an excuse. Fourteen states require voters to provide a valid excuse.[4] Thirty percent of the vote cast in the 2024 Presidential race was cast by mail according to the U.S. Census Bureau.
There is no constitutional or legal authority for Trump or the Postal Service to be involved in regulating elections. Article 1, Section 4, clause 1 of the United States Constitution says,
“The Times, Place and Manner of holding elections for Senators and Representatives, shall be prescribed in each state by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the places of choosing Senators.”
Likewise, Article 1,Section 8, Clause7 of the Constitution says;
“The Congress shall have Power…. To establish Post Offices and Post Roads…”
It neither confers nor delegates any authority to the Postal Service to administer or regulate elections.
That the authority to regulate elections was reserved to Congress was reaffirmed in Arizona v. Inter-Tribal Council of Arizona Inc. 570 US 1 (2013) .
While Trump has relentlessly pushed Congress to pass his proposed regulations enshrined in the SAVE Act, Congress has failed to enact it and thus has not delegated any authority to Trump or the Postal Service to institute these procedures or regulations . Absent such a delegation by Congress, Trump’s executive order has no more legal authority than a wish made by one blowing out a birthday candle.
Litigants in the lower court cases have argued that implementation of Trump’s executive order would result in chaos involving mail-in ballots.[5] Indeed, even without the implementation of Trump’s plan, the United States Postal Service has demonstrated that in many instances it is unable to deliver mail-in ballots within the time legally permitted despite having been properly mailed well before Election Day. One major problem is that the Postal Service enacted a rule that postmarks don’t necessarily reflect the date the agency first took possession of a piece of mail, but rather the date it was handed into an agency processing center. This problem was particularly acute during the recent primary election in the state of Alaska in which mail-in ballots from rural towns and villages were rejected.[6]
The genesis of all of this litigation stems from Trump’s false claims that fraudulent mail-in ballots resulted in his losing the 2000 Presidential race . He makes no such claims about the 2016 and 2000 24 presidential elections that he won. The absurdity of the claim is highlighted by the fact that his administration was overseeing the 2020 election and is manifestly demonstrated by the fact that Trump himself voted by mail in ballot during the 2026 Republican Primary.[7]
In 1940, Pres. Franklin D Roosevelt observed;
We Americans begin to know the difference between the truth on the one side and the falsehood on the other, no matter how often the falsehood is iterated and reiterated. Repetition does not transform a lie into the truth[8]
What was true then, is true now.
[1] “Trump Push to Restrict Mail Ballots Has Failed . Other Efforts to Reshape the Midterms are Ongoing,” by Ali Swenson, Albany Times Union, September 15, 2026
[2]“ Court Allows Trump to Pursue Mail Voting Limits for Now,” by Abby Van Sickle and Ann E Marrimow , New York Times, August 24, 2026
[3] “Whistleblower Says Trump Officials are Defying Court Orders on Voting by Mail,” by Chris Cameron, New York Times September 1, 2026
[4] “Which States Allow Mail in Voting ? Vote by Mail Rules by State,” by Lyle Therese a Hiiotin-Lee J.D. FindLaw, May 4, 2026.
[5] “As Supreme Court weighs Trump’s Mail Ballot Plan, Another Judge Blocks It,” by Zach Montague, New York Times, September 14, 2026.
[6] State Blames Mail Delivery Issues for Dozens of Ballots From Rural Alaska Not Counting in Primary,” by Becky Borer Associated Press, Albany Times Union, September 18, 2026
[7] “Trump Votes by Mail Again in Florida,” by Chris Cameron, New York Times, August 17, 2026.
[8] America First, Roosevelt vs. Lindbergh in the Shadow of War, by HW Brands First Vintage Edition 2025, Penguin Random House LLC, 2024