A day after a federal judge lifted her injunction on President Donald Trump's executive order targeting mail-in ballots, a quartet of civil rights groups on Thursday filed fresh claims in their lawsuit challenging the administration's weaponization of the US Postal Service to attack the right to vote under the pretense of fighting nearly nonexistent fraud.
The Lawyers’ Committee for Civil Rights Under Law, NAACP, Common Cause, and Black Voters Matter Fund argued in the US District Court for the District of Columbia that Trump’s March 31 executive order unlawfully attempts to federalize important parts of election administration—especially voter eligibility verification and mail-ballot delivery—by presidential fiat, without authorization from Congress, while creating serious risks of disenfranchisement and misuse of personal data.
The plaintiffs—and many legal experts—argue that the US Constitution gives the states and Congress the authority to regulate federal elections, not the president.
"Our democracy is under attack," NAACP president and CEO Derrick Johnson said Thursday in a statement. "No federal entity should be allowed to implement last-minute rules that disenfranchise voters and override state election laws."
"This new USPS rule is a direct assault on the fundamental freedoms of millions of Americans—particularly Black voters, communities of color, seniors, military members, and rural residents—just weeks before a critical election,” Johnson added, referring to November's pmidterms. "We will not stand idly by while the voices of the people are silenced. We must protect every eligible citizen’s right to cast their ballot.”
Damon Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, warned that “these mail-in ballot restrictions threaten to disenfranchise millions of eligible voters who rely on mail voting to participate in our democracy while balancing work, caregiving responsibilities, disabilities, and other realities of daily life."
"The Trump administration is trying to limit access to the ballot, sow confusion at the polls, and to use the ensuing chaos as an excuse to exert power over agencies and processes in a politicized way," Hewitt added. “We will not let this or any administration further undermine our democratic process. We will fight to ensure our elections are free and fair, and that eligible voters are not shut out—especially Black voters and other voters of color, who are frequently targeted by voter suppression schemes.”
Several courts had ruled against Trump's order. But this week, the US Supreme Court cleared the way for the administration to proceed with its plans, and on Wednesday US District Judge Indira Talwani, an appointee of former President Barack Obama, was compelled to lift her injunction on the executive order as a result of the high court's decision.
Also on Wednesday, the groups behind the case before Talwani moved to block the Postal Service rule, as did a coalition of two dozen Democratic state attorneys general, whose initial challenge had resulted in the ruling from the Supreme Court—which found that the AGs filed their first suit prematurely.
Republicans including Trump—who has repeatedly voted by mail—have used fearmongering and disinformation to push the nearly nonexistent “threat” of voter fraud, especially in regard to mailed ballots, and noncitizens voting in US elections.
“Mail-in voting is so safe that even the president has used it twice this year,” Common Cause president and CEO Virginia Kase Solomón said on Thursday. “The Postal Service exists to deliver our mail, not to be weaponized by this administration to silence voters. Common Cause will keep fighting to protect a democracy where people choose their leaders—not the other way around.”
Trump’s March order is part of a broader attack on voting rights that includes pushing an updated version of Republicans’ so-called SAVE America Act, which would mandate proof of citizenship and strict photo ID requirements to register to vote in federal elections. The legislation, which was passed by the House of Representatives in February, is stalled in the narrowly split Senate, where it lacks the support of 60 lawmakers needed to avoid a Democrat filibuster.
"Mail-in voting gives people the freedom and flexibility to participate in our democracy, and we should be honest about what these efforts to restrict it are really doing: creating barriers to the ballot under the guise of election security," Black Voters Matter Fund co-founders Cliff Albright and LaTosha Brown said in a joint statement Thursday. "We are not fooled. This is the same old playbook—manufacture confusion, create unnecessary hurdles, and chip away at voting access."
“When the same politicians who defend their own access to mail-in voting move to restrict that access for others, the hypocrisy is hard to ignore," Albright and Brown continued. "We cannot allow voter suppression to be repackaged as voter protection or allow political interference to determine who gets to participate and whose voice counts."
"This is not about making democracy more secure; it is about reshaping who can fully participate in it," they added. "We will continue to call these efforts what they are and fight for every eligible voter’s freedom to make their voice heard.”
