250+ Current, Former Lawmakers Urge Supreme Court to Block Trump Attack on Mail Voting

With the midterm elections less than two months away, more than 250 current and former Members of Congress came together on Tuesday to pressure the US Supreme Court to block Republican President Donald Trump's March executive order on voting and its resulting United States Postal Service rule.

All 47 members of the Senate Democratic Caucus, over 90% of the party's members in the House of Representatives, and 15 former GOP lawmakers submitted an amicus brief to the nation's top court—whose right-wing supermajority includes three Trump appointees—just two days after the administration asked the justices to pause a judge's ruling that blocks parts of the USPS rule.

The 261 Americans behind the brief "took an oath to uphold and defend the Constitution of the United States—including its guarantee of the separation of powers," and they "have a particular interest in defending the institutional role of the legislative branch under Article I of the Constitution and in vindicating the long-settled principle that the Constitution commits ultimate regulatory authority over federal elections to Congress," the filing states.

"The Constitution does not contemplate the executive branch acting unilaterally to assert power over federal elections," the document continues. "Yet that is what the order and final rule do. The district court correctly concluded that respondents are likely to succeed on the merits of their claims that USPS lacked authority to issue the final rule, that the final rule unconstitutionally imposes mail-ballot requirements on the states, and that the final rule unconstitutionally bars noncompliant state and local election officials from using USPS to mail ballots at all."

"The order and final rule unconstitutionally infringe on Congress' authority under the elections clause and the postal clause and unlawfully direct federal agencies to act beyond—and in conflict with—what Congress has clearly authorized by law," the filing asserts, urging the high court to deny Trump's request to allow the new USPS policy for the midterms.

The Supreme Court last month cleared the way for Trump's order by concluding that the Democratic state attorneys general—just one of the coalitions challenging the order—had sued too early. However, the justices did not weigh in on the legality of the order or the rule, and in the wake of USPS publishing its policy, the legal battles have continued.

The lawmakers' brief came a day before Justice Ketanji Brown Jackson's deadline for new filings and as the Department of Justice—which is fighting District Judge Indira Talwani's preliminary injunction that blocks USPS from enforcing the rule—argued to the US Court of Appeals for the 1st Circuit that the policy is "modest" and lawful.

In a statement announcing the brief, Senate Minority Leader Chuck Schumer (D-NY) pointed to the drawn-out legal battles over the order and related rule, saying that "Donald Trump is once again asking the highest court in the land to silence voters and destroy the precious integrity of the American electoral process."

"Mail-in voting is proven safe and secure, and Trump's continued efforts to obstruct America's free and fair elections are blatant, unconstitutional attempts at interfering with the November midterms," he declared. "Trump's message to the American people is clear: He isn't worried about voter fraud, he's afraid of voter accountability. I urge the court to uphold the Constitution and reject Trump's baseless attempt at poisoning our democracy."

On the Senate side, in addition to Schumer, the brief is led by the ranking members of three key panels: Sens. Alex Padilla (D-Calif.) of the Committee on Rules and Administration, Dick Durbin (D-Ill.) of the Judiciary Committee, and Gary Peters (D-Mich.) of the Homeland Security and Governmental Affairs Committee.

“The law is clear: States and Congress have authority over our elections—not the president and certainly not the Postal Service. Protecting the right to vote-by-mail is critical to ensure every eligible voter can make their voices heard in the November midterm elections and in future elections," said Padilla.

"Despite the Trump administration's attempts to eliminate vote-by-mail and suppress voter participation, voting by mail remains one of the safest and most secure ways to vote, especially for service members, rural voters, and Americans living abroad," he noted. In fact, despite trying to strip millions of Americans of the right to mail their ballots, even Trump has repeatedly voted this way, including in Florida's August Republican primary.

In the lower chamber, the brief was spearheaded by Committee on House Administration Ranking Member Joe Morelle (D-NY) along with the co-chairs of Democrats' Litigation Task Force: Assistant Leader Joe Neguse (D-Colo.), Judiciary Committee Ranking Member Jamie Raskin (D-Md.), and Oversight Committee Ranking Member Robert Garcia (D-Calif.).

Like his colleagues, Raskin—a constitutional scholar who led Trump's historic second impeachment after the president's supporters stormed the US Capitol on January 6, 2021—stressed that "the Constitution is clear that the states and Congress make the rules for federal elections, not the president."

"Yet, in utter defiance of the Constitution, President Trump is attempting to use the Postal Service to decide who can and cannot receive a ballot just days before mail-in voting begins in some of the states," he said. "This is a naked power grab by a historically unpopular president—who himself regularly votes by mail—to inject confusion and chaos into our elections in a last-ditch effort to keep his party in power."

"It will not work," Raskin added. "I'm proud to stand with a strong bipartisan, bicameral group of current and former colleagues in urging the court to continue rejecting this lawless election interference."