Trump tries to shape mail-in voting with executive order

The NPR Politics PodcastApril 2, 202622:43Alpha 7.0

election-lawexecutive-powerconstitutional-lawpoliticsgovernment-policy

Golden Quote

“Some may freak out about this, but honestly, it's hilarious. It's clearly unconstitutional, will be blocked immediately, and the only thing it will accomplish is to make liberal lawyers wealthier. He might as well sign an EO banning gravity.”

NPR

0:00

Synopsis

Trump's executive order on mail-in voting is almost certainly unconstitutional — election law experts are calling it the legal equivalent of "banning gravity" — and multiple lawsuits have already been filed citing Article 1, Section 4, which explicitly grants election rule-making authority to state legislatures and Congress, not the president. The order would require the creation of a national citizen voter list and ban the USPS from delivering ballots to anyone not on it, despite the postal service being financially insolvent and already lacking the capacity to take on that role. The real story isn't whether this order survives in court — it almost certainly won't — but whether Trump's sustained campaign to cast doubt on mail-in voting shapes voter behavior and election administration heading into the 2026 midterms.

Speakers

NPR

Episode Breakdown

Discussion on the immediate legal challenges from various groups, arguing Trump is overstepping his constitutional authority to set election rules. Ashley brings up a similar, previously blocked executive order.

“What was clear from the response almost immediately was that Trump really can't do this. This isn't within the purview of what a president can do.”

This quote highlights the immediate and widespread legal contention surrounding the executive order and questions the extent of presidential power.

NPR

1:57

“The main legal argument in the lawsuits filed so far is that Trump is overstepping his authority by issuing an order that would basically create new rules for voting by mail in federal elections. The Constitution gives the power for making those rules to state legislatures and Congress.”

It explains the core constitutional argument against the executive order, emphasizing the separation of powers in election administration.

NPR

2:17

“Trump does not have the power to direct the postal service to make rules about who is allowed to receive mail-in ballots. The lawsuits are arguing those kinds of rules would overstep the postal service's power. Congress set up USPS to be an independent federal agency.”

This quote identifies a distinct legal challenge centered on the independence of a federal agency (USPS) and the limits of executive influence over its operations.

NPR

3:22

“The moment the executive order came out, the entire election law community was just like, this is not, you can't do this.”

This captures the immediate, strong, and widespread negative reaction from legal experts, suggesting a clear consensus on the executive order's legal infirmity.

NPR

3:45