By Toluse Olorunnipa
Saturday, July 04, 2026
Earlier this year, President Trump claimed
a new area of expertise: election law. “I have searched the depths of Legal
Arguments not yet articulated or vetted on this subject,” Trump wrote on social
media, and found an “irrefutable one” that he would soon present. He suggested
that it would allow him to bypass Congress and gain approval from the courts to
impose his will on the nation’s locally run election system, including
requiring voters to show identification while casting ballots in the upcoming
midterms.
It was a heady time for a man who obsesses over voting
policy and is seeking to prove that the 2020 election was stolen out from under
him. Two weeks before Trump claimed in his February 13 post to have broken new
legal ground, the FBI had conducted
a raid of an election warehouse in Fulton County, Georgia. Officials made
off with more than 650 boxes of ballots as part of a criminal investigation
stemming from Trump’s 2020 defeat, an unprecedented action that the president
hailed as a major advance for his unsubstantiated claim that the contest was
riddled with fraud. The House of Representatives had just passed the SAVE
America Act, a bill that would force people to provide proof of citizenship
when registering to vote and to show photo identification when casting a ballot.
Now a sense of gloom has replaced the hope that Trump and
his allies had when they thought they were on the verge of making good on his
election promises, which also included eliminating most voting by mail and
conducting mass purges of voter rolls. The SAVE America Act is doomed to fail
in Congress, and Trump is at war with his own party over it. Nothing, so far,
has come of the Fulton County case. And the president’s legal arguments are a
lot more refutable than he claimed. Trump is consistently being rebuffed in
court; the Justice Department has lost at least a dozen election lawsuits. Some
changes to the election system that Trump laid out in a March executive order
have been blocked by judges. The president is running out of time and low on
options to change the country’s voting policies—which he has denigrated as
“rigged” and reminiscent of developing nations’—because the courts, Congress,
and the Constitution seem to keep getting in the way.
District-level judges have, over the past two weeks,
ruled against Trump’s most significant executive orders on voting, blocked
efforts by his administration to compel states to hand their voter rolls over
to the Justice Department, and outlawed the Department of Homeland Security’s
modified Systematic Alien Verification for Entitlements system. The
administration has expanded the SAVE database, which previously focused on
noncitizens, by adding Social Security records and other data from native-born
Americans to conduct checks of people’s voter eligibility. A judge said that
the expanded system “knowingly trampled on the privacy rights of American
citizens in a manner that threatens the sacred right to vote.” Other judges are
undercutting Trump’s assertion that he can remake the election system—which is
administered by state and local officials—as he sees fit.
“The Constitution does not grant the President any
specific powers over elections,” U.S. District Court Judge Indira Talwani wrote
in blocking much of Trump’s March
executive order that aimed to give the U.S. Postal Service new authority to
determine which Americans could vote by mail. She underlined the words does not
for extra emphasis.
The administration’s “efforts have been rebuked by every
court to consider them,” Cathy Bissoon, the chief judge of the U.S. District
Court for Western Pennsylvania, wrote
in a ruling that blocked the Department of Justice’s push to obtain voter data
from the state. Bissoon noted that 10 courts had already blocked similar
efforts in other states, before punctuating her comments with a footnote: “The
administration’s demands have yielded one unexpected benefit, namely,
bipartisan agreement. Five of the district judges are Trump appointees.”
They include U.S. District Court Judge Stephanie
Gallagher, whom Trump nominated to the bench in 2019. She dismissed a DOJ
lawsuit against Maryland seeking its voting records. “The Court joins every
court to have addressed this issue,” Gallagher wrote in determining that an
unredacted voter file is not something a state is compelled to give to the
federal government. Trump has also lost in the Supreme Court that he helped
reshape: Justice Amy Coney Barrett wrote on
Monday that states could allow mail-in ballots that arrive after Election Day,
essentially dismissing the president’s argument that such late-arriving votes
fuel fraud and distrust.
David Becker, the executive director of the Center for
Election Innovation & Research, told reporters on Monday that the Trump
administration’s cold streak is remarkable. “It is losing literally every
single case it’s involved in,” Becker said. “I was a former voting section
attorney in the DOJ, and I can’t remember the DOJ or any administration losing
more than one or two trial-court cases a year, at the most. We are well into
the double digits with this administration, and the year is not even half over
yet.”
A Justice Department spokesperson told me that the Trump
administration is “devoting significant resources” to continue the legal
battle, including through its “litigation to ensure voter roll maintenance and
a clear focus on ensuring that American elections are decided solely by
American citizens.”
Publicly, the White House is shrugging off the legal
setbacks. “President Trump is committed to ensuring that Americans have full
confidence in the administration of elections, and that includes totally
accurate and up-to-date voter rolls free of errors and unlawfully registered
non-citizen voters,” Abigail Jackson, a White House spokesperson, told me in a
statement, asserting that existing laws give the Justice Department what it
needs to compel states to maintain clean voter rolls. “This campaign pledge from
the President is why millions of Americans sent him back to the White House.”
But the president has done little to hide his frustration
over his inability to make good on that pledge. The stalled SAVE America Act
has led to shouting matches and standoffs over strategy with Republican
lawmakers, leaving Congress in a legislative quagmire. And this year’s losing
streak is a continuation of the president’s dismal record in the courts when it
comes to voting cases. After Trump’s 2020-election loss, the president and his
allies filed dozens of lawsuits in an effort to overturn the results. In the
end, they lost almost every case. A Washington
Post review of court cases a month after Joe Biden’s victory found that 86
judges had ruled against Trump or his supporters.
This is not to say that Trump has not had success
influencing America’s electoral system, particularly in the past year. The
president has elevated MAGA-friendly election deniers into the federal
government, sicced the Justice Department on his political enemies, and drafted
multiple agencies into his relentless hunt to substantiate his broad claims of
voter fraud. The Supreme Court’s Louisiana v. Callais ruling in April gutted
the Voting Rights Act and cleared the way for several Republican-led states
to redraw congressional maps and eliminate Democrat-leaning districts with
large portions of minority voters. On Tuesday, the Supreme Court rolled back
campaign-finance restrictions on political parties, which Trump hailed as “A
BIG WIN FOR REPUBLICANS.” At the state level, pro-Trump lawmakers have
implemented miniature versions of the SAVE America Act or found other ways to
support the president’s vision for voting. At least 10 states have voluntarily
turned over the personal information of millions of voters to the Justice
Department.
“They’re trying to appease Trump in these ways and
implement his will in the states,” Gréta Bedekovics, the former director of
democracy at the Center for American Progress, told me. In a report
released Monday, Bedekovics and her co-author, Devon Ombres, found that at
least 12 states have passed laws requiring documentary proof of citizenship for
people registering to vote or mandating citizenship-verification checks for
voters since 2024.
The setbacks that Trump has faced in court and Congress
increase the likelihood that the midterm elections will proceed as election
officials have intended, even though the president has, with little evidence,
continued to denigrate the system as rife with fraud. On Monday, he lamented
the “tremendous loss in the Supreme Court” on late-arriving mail-in ballots and
said “it is more important than ever to pass THE SAVE AMERICA ACT.”
The president’s growing desperation over election policy
has begun to bleed into other parts of his agenda. Last month, he abruptly
canceled a signing ceremony for a bipartisan housing bill, suggesting that it
was a “yawn” compared with legislation on elections. He has likewise encouraged
Congress to block other bills, including national-security legislation, if the
SAVE America Act—which Trump has deemed a “National Emergency”—is not attached.
Congress left town this week mired in disagreement over how to balance the
president’s election obsession with other pressing priorities, including the
annual defense-spending bill.
Time is running out. Judges generally frown on any major
actions to change voting laws in the weeks before an election. Early voting for
the midterms will begin as soon as September in some states.
With Congress gridlocked and the courts repeatedly
brushing back Trump, there is growing fear among election officials that the
president may try to influence election policy in unprecedented ways, such as
seizing voting machines—something Trump has said he
regrets having not ordered the National Guard to do in 2020—and deploying
federal agents to polling places.
The courts have proved to be a solid bulwark against
Trump’s push to disrupt the midterm elections. But the president is nothing if
not persistent when it comes to trying to bend the rules in his favor. As a
result, the sanctity of the vote could rely on whether other government
institutions and, ultimately, the citizenry can also mount a stand against the
president’s worst impulses.
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