Democratic leaders and a "pro-voter" coalition on Tuesday announced separate actions to combat President Donald Trump's attack on voting by mail after the US Supreme Court's right-wing majority delivered a "painful setback" for critics who argue the Republican's executive order is unconstitutional.
The president’s March order directed the US Department of Homeland Security to compile lists of citizens eligible to vote, states to provide voter information to the federal government, and the United States Postal Service to craft new regulations for absentee ballots—for which the USPS published a final rule last Friday, less than three months away from the midterm elections.
The nation's top court said in a 6-3 decision on Monday that Democrat-led states had not demonstrated sufficient standing to challenge the president's order and paused a lower court injunction blocking its implementation. The attorneys general in that case, Trump v. California, vowed to keep fighting back, and as of Tuesday evening, others already are.
The chairs of the Democratic National Committee (DNC) and Democratic Governors Association, US Senate and House minority leaders, and heads of the party's campaign committee for each chamber of Congress on Tuesday announced the filing of a new motion for a preliminary injunction.
"Today, we are taking strong, joint legal action to stop Trump's unlawful attempt to restrict mail-in voting through the Postal Service," said DNC Chair Ken Martin, Kentucky Gov. Andy Beshear, Sen. Chuck Schumer (NY), Rep. Hakeem Jeffries (NY), Sen. Kirsten Gillibrand (NY), and Rep. Suzan DelBene (Wash.) in a joint statement.
"Yesterday's Supreme Court ruling did not say that Trump's executive order attacking voting rights is constitutional," they stressed. Rather than ruling on the merits of the challenge, the majority of justices simply said that the states had sued prematurely, as federal efforts to respond to Trump's order were still underway.
"But the law is clear: States have the authority to run elections—not the president," the Democrats said. ""We will not stand by while Trump and Republicans try to unnecessarily inject chaos and confusion into our elections, just weeks before voting begins. We are asking a district court to immediately stop the Trump administration from unlawfully disrupting mail-in voting in every state. Democrats will continue fighting every day until Trump's illegal executive order, and all of his other attempts to undermine our free and fair elections, are completely thrown out."
The Campaign Legal Center (CLC) and Democracy Defenders Fund (DDF) also continued their battle against the order, filing a new complaint on behalf of the Arizona Students' Association, League of United Latin American Citizens, Secure Families Initiative, Texas' Travis County, and the city of Madison, Wisconsin.
"Key provisions of the president's second executive order on elections have already been declared unlawful in multiple federal cases," said Anna Baldwin, CLC's director of voting rights litigation. "But the US Supreme Court's recent lawless order on the shadow docket has given USPS the green light to attempt to implement their new mail voting rules—mere weeks before mail ballots start to be sent out in some parts of the country."
"But nothing in the Supreme Court’s procedural order suggests that the rules are lawful," Baldwin emphasized. "We will not let the president's dangerous anti-voter agenda go unchecked, so we're filing a new complaint challenging USPS' unconstitutional new rulemaking to ensure all voters can cast their ballot in November."
Ripping Trump's order as a "reckless power grab that would likely result in mass confusion, chaos, and disenfranchisement of eligible absentee voters," DDF legal director Tianna Mays said that "this rule not only places ordinary Postal Service employees in the untenable position of determining whether eligible voters may receive and cast mail ballots, it wreaks havoc on state and local election officials and civic engagement groups."
"If not stopped," Mays warned, "our clients, voter advocacy groups, and local election officials in two states would be tasked with deciphering, implementing, and educating their staff and members about the rule's requirements, just weeks before Election Day."
Separately on Tuesday, Massachusetts-based US District Judge Indira Talwani found that the Trump administration violated her injunction by finalizing the rule published last week by the Postal Service, though she declined to take any action over it.
The group behind that case, the League of Women Voters Massachusetts, also pledged to keep fighting Trump's efforts to restrict voting by mail—despite repeatedly voting that way himself—after the Supreme Court's interim ruling on Monday.
