The Supreme Court needs to remind Trump he has no power over elections
By Erwin Chemerinsky / LA Times Commentary / August 26, 2026
The Supreme Court’s ruling on Monday allowing President Trump’s executive order on mail voting to go forward is stunningly insensitive to the context: Trump is trying to exercise control over elections when he has absolutely no authority to do so. In one sense, the justices decided nothing, simply saying it was too soon for federal courts to get involved. But in a more important way, the court could have and should have put an emphatic end to the president’s efforts to try to regulate voting operations that are legally the domain of state governments.
The context for the Supreme Court’s ruling is Trump’s repeated assertion that noncitizens are illegally voting in the United States. However, many studies done on this topic have come to the same conclusion: Instances of noncitizens voting are extremely rare.
One study from 2017, by the Brennan Center for Justice, looked at 42 jurisdictions across which more than 23.5 million votes were cast, and found only 30 instances in which there were investigations into noncitizens voting — or 0.0001% of ballots cast.

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