Gavin Newsom Vows New Lawsuit After Supreme Court Lets Trump’s Mail-In Voting Order Proceed

Breaking

The U.S. Supreme Court ruled 6-3 on Monday to lift a lower court’s injunction against part of President Trump’s mail-in voting executive order, clearing the way for the Department of Homeland Security to resume compiling state-by-state citizen voter-eligibility lists while litigation continues. The court’s majority ruled that California and the other challenging states lacked standing to bring the claim at this stage — not that the underlying policy is lawful. As the majority put it, “The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful. On that score, time will tell.”

Gov. Gavin Newsom wasted no time responding, posting on X, “Following today’s SCOTUS ruling, California WILL SUE again to BLOCK Trump’s attack on mail-in voting! Every eligible voter gets a mail-in ballot here — and we’ll fight to keep it that way.” California Attorney General Rob Bonta echoed the defiant tone, saying, “Today, the U.S. Supreme Court opened the door for the Trump Administration to try to make it harder for Americans to vote. But today’s decision was not a ruling on the merits, and this fight is far from over.”

Details & Background

Trump’s executive order, signed in March, directs DHS to compile and share state-by-state citizen voter-eligibility lists with election officials at least 60 days before federal elections, and instructs the Justice Department to prioritize investigating officials who issue ballots to ineligible voters. A separate piece of the order — requiring the U.S. Postal Service to build its own “enrolled voter” lists and place unique barcodes on mail ballot envelopes tied to a federal ballot mail portal — remains blocked by a still-active injunction that Monday’s ruling did not disturb.

The case, Trump v. California, had been working through the federal courts since a Massachusetts district judge blocked the order this summer following suits from California and roughly two dozen other states. Monday’s 6-3 order lifts that injunction only as to the DHS citizenship-list provision while the case continues at the First Circuit, meaning the underlying legal fight over the order’s ultimate legality is still very much alive.

Reactions

The court’s three liberal justices dissented. Justice Sonia Sotomayor, joined by Justice Kagan, wrote that the majority “accepts the Government’s invitation to divorce” different parts of the order from one another, “refusing to read [the order] as a unified whole.” Justice Ketanji Brown Jackson, in a separate dissent, argued the administration wasn’t harmed by the injunction it was fighting to lift, writing that the government “nonsensically insist[ed]” the changes were too speculative for states to challenge while simultaneously demanding emergency relief from the same court.

Trump administration officials, meanwhile, cast the ruling as vindication of their push against voter-roll fraud. First Assistant U.S. Attorney Bill Essayli said, “These measures wouldn’t be necessary if states like California didn’t allow non-citizens to easily register to vote and get mail ballots. We are actively identifying ineligible citizens on California’s dirty voter rolls and will soon announce criminal arrests related to our election fraud investigation.”

Why This Matters to You

The ruling is a procedural win, not a final one — but it’s still the first real greenlight the administration has gotten from the Supreme Court to start implementing a signature piece of its election-integrity agenda, even as blue states led by California vow to keep fighting it in court.

With the barcode/mail-ballot-portal piece of the order still frozen by a separate injunction, the fight over exactly how far Washington can go in verifying voter eligibility for mail ballots is far from settled — but Monday’s decision suggests the current Supreme Court is, at minimum, willing to let the administration’s citizenship-verification piece move forward while the rest of the case plays out.