56 Former Judges Urge Supreme Court to Block Trump Order That Could Disenfranchise Mail-in Voters
August 3, 2026
WASHINGTON, D.C. — Today, 56 former state and federal judges filed an amicus brief in Trump v. California and Alabama v. California, urging the Supreme Court to reject the administration’s attempt to revive mail-voting restrictions that would force states to overhaul election systems just weeks before ballots are sent.
The former judges, a majority of whom were appointed by Republican presidents or governors or ran for office as Republicans, argue that Executive Order 14399 unlawfully intrudes on authority the Constitution assigns to the states and would force election officials to make sweeping changes as the November election approaches.
The Trump executive order directs DHS to create federal citizenship lists for voter eligibility and USPS to impose new mail-ballot requirements, while leaving officials exposed to possible prosecution for mailing ballots to eligible voters absent from the lists. A federal court blocked the order, the First Circuit kept the injunction in place, and the administration asked the Supreme Court to revive it before November.
The judges, represented by Democracy Defenders Fund, Campaign Legal Center, and Platkin LLP, emphasize that the administration has sought emergency relief without defending the legality of the executive order’s requirements.
“The injury is not abstract,” the judges write. “It is the current displacement of the States’ power to create, enforce, and administer their own election rules.”
The judges warn that granting a stay would depart from the ordinary process for resolving legal challenges and unnecessarily disrupt this year’s elections by forcing courts and states to address major nationwide changes to election administration on an emergency basis just weeks before voting begins.
“The Trump administration is asking the Supreme Court to revive a reckless power grab that would leave election officials scrambling and could delay or invalidate ballots cast by eligible voters,” said Tianna Mays, legal director at Democracy Defenders Fund. “President Trump cannot manufacture an emergency to seize authority the Constitution gives to states and Congress.”
“There is simply no question that the Constitution gives states the power to run elections, Congress the power to intervene in federal elections, and does not assign any role to the president,” said Trevor Potter, president of Campaign Legal Center. “The Trump administration blatantly ignores the Constitution with its executive order on mail voting, which is why so many distinguished former judges appointed by presidents from both parties are calling on the U.S. Supreme Court to block it. States are well into the process of administering the midterm elections. Any move towards implementing the president’s order now would be illegal and would severely undermine those efforts.”
“Our elections belong to the American people, not the president,” said Matt Platkin, founding partner of Platkin LLP. “President Trump is attempting one of the most egregious power grabs in modern history by seizing control over our elections. If a president can simply claim powers the Constitution never gave him, the safeguards that protect free and fair elections begin to collapse. We are proud to represent a large group of former state and federal judges — most of whom were appointed by Republicans — in urging the Supreme Court to reject this unlawful overreach.”
States are already printing absentee-ballot materials and preparing for the upcoming elections under existing rules, including Massachusetts, which has purchased about $3 million in envelopes that could become unusable, and Maine and Rhode Island, which have each spent more than $50,000. Implementing the order would force states to change barcodes, voter lists, eligibility procedures, training, and election materials just weeks before some begin mailing ballots.
The brief warns that the changes could delay or invalidate ballots from eligible voters, including military and overseas voters, late registrants, and people who have already requested mail ballots, while forcing courts to resolve a flood of eligibility disputes around Election Day. The judges urge the Supreme Court to avoid that disruption by preserving the injunction and the election rules already in place for November.
Read the amicus brief here.
###
Democracy Defenders Fund brings together a nonpartisan team to work with national, state, and local allies across the country to defend in real-time the foundations of our democracy.
Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy.
Platkin LLP is a mission-driven law firm founded by former New Jersey Attorney General (AG) Matthew Platkin and a talented team of litigators from the AG’s office.
