Trump’s big Supreme Court ‘win’ is a trap only Congress can fix

Published September 6, 2026 8:00am ET



Monday’s Supreme Court order handed the Trump administration a win on mail-in voting. Don’t order the champagne yet. The court didn’t say the president’s plan is lawful. It said a district judge in Boston moved too fast. That’s the entire ruling, and if Congress mistakes it for a finish line, election integrity loses its only durable win in a decade.

Here’s what happened. In March, President Donald Trump signed an executive order directing DHS to build a “State Citizenship List” for every state, drawing on USCIS, Social Security, and the SAVE database, and directing the Postal Service to decline mail-in ballots from states that won’t verify eligibility first. Twenty-three mostly Democratic-led states and the District of Columbia sued. In June, U.S. District Judge Indira Talwani, an Obama appointee, ruled the Constitution gives the president no authority to dictate how states run elections, and blocked the order for the plaintiff states. On Monday, the court’s conservative majority stayed that injunction, 6-3, with Sotomayor, Kagan, and Jackson dissenting. The unsigned order held only that the suit was premature. It left the legality of the underlying order undecided.

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