The Corner

Mail-in Ballot Case and Trump’s Statutory Authority

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President Donald Trump speaks during the signing ceremony for an executive order on mail ballots in the Oval Office of the White House in Washington, D.C., March 31, 2026.

Evan Vucci/Reuters

I’ve been following Dan’s analyses of the litigation involving President Trump’s attempt to use the Post Office’s limited and basically ministerial power to regulate the handling and delivery of mail as a pretext to decree mail-in voting standards. This, despite the facts that the Constitution vests Congress and the states with the power to regulate elections and, for good reasons, gives the president no such authority.

I thought we might have heard something from the Supreme Court by now, but I suspect that Justice Ketanji Brown Jackson, who is responsible for emergency applications stemming from the First Circuit, is slow-walking the response to the Trump Justice Department’s appeal.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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