One of the Supreme Court’s worst ideas could save the midterms from Trump

Key Points:

• Federal Judge Indira Talwani has issued a temporary order blocking the Trump administration's new mail-in voting regulations, which could severely restrict voting by mail in the 2026 midterms.
• Talwani's order invokes the "major questions doctrine," a legal principle requiring Congress to clearly authorize executive actions of vast political significance, arguing that Trump's rules impose excessive burdens likely to shut down mail voting in many states.
• The Supreme Court, with a 6-3 Republican majority, faces a crucial decision on whether to apply this doctrine to Trump’s policies, as some conservative justices have previously been reluctant to limit a president from their own party.
• The major questions doctrine, developed by the Court's Republican majority during the Obama era, has mainly been applied against Biden's administration but not Trump’s, creating a partisan split among justices on its use.
• Trump’s restrictions on mail-in voting appear politically motivated to disadvantage Democrats, who disproportionately use mail ballots, making this case a significant test of limits on executive power and election integrity ahead of the midterms.