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The order came amid a spate of legal challenges, including one by Democratic state attorneys general, that could still result in the rules being blocked.
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The Supreme Court on Monday lifted a lower court's injunction on President Trump's executive order seeking to limit mail-in voting ahead of November's midterm elections. Trump's order directs the Department of Homeland Security to create state-by-state lists of eligible voters who are citizens. The U.S. Postal Service would then use the lists provided by states to assess whether voters should be allowed to vote by mail. Justices ruled 6 to 3 that California and 22 other states lacked standing to sue over the issue. The ruling, however, did not address whether Trump had authority to impose the rules. A separate nationwide injunction against parts of the same order remains in place.
"This leads to a lot of uncertainty going into the midterms, because the Trump executive order would radically restrict vote by mail," says Ari Berman, the national voting rights correspondent for Mother Jones. If the ruling goes into effect, "it could disenfranchise millions of voters in
November."
"If voting proceeds based on these DHS lists," adds Berman, "it's going to be inaccurate, it's going to be unconstitutional, and a lot of legitimate American voters are going to be wrongly labeled as noncitizens and unable to vote — either based on shoddy data or an intentional attempt by the Trump administration to prevent people from voting."
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The administration asked the court to clear the way for President Trump's order that creates "state citizenship lists" and directs the Postal Service to decide who gets a mail-in ballot.
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