Trump rebukes his own Supreme Court picks after justices block mail-in ballot rules ahead of midterms
President Trump publicly condemned Justices Barrett, Gorsuch, and Kavanaugh, all his own nominees, after they voted to block new mail-in ballot regulations before the November midterms, calling them "merely a shell of their original selves."
The Supreme Court on Tuesday declined to stay a lower court injunction that had frozen the administration's new mail-in voting rules, effectively killing any chance the regulations would apply to the 2026 elections. All three of Trump's appointees to the bench sided with the majority, leaving only Justices Samuel Alito and Clarence Thomas in dissent. Trump responded with a blistering written statement that spared none of the three by name, the New York Post reported.
The ruling caps a months-long legal fight that began in March, when Trump signed an executive order directing the U.S. Postal Service to tighten rules around absentee ballots. The order was framed as a measure to reduce fraud. USPS finalized new regulations on August 26 that would have required states to adopt a uniform envelope style for mail-in ballots and to submit lists of eligible voters. Twenty-four states and the government of Washington, D.C., sued to block the order, and a federal district court issued a preliminary injunction halting the rules before they could take effect.
Trump asked the high court to stay that injunction. The justices refused.
Kavanaugh agreed on authority, but not on timing
Justice Brett Kavanaugh wrote a concurring opinion that acknowledged the Postal Service may well have the legal power to issue the regulations. But he concluded that the rules could not be applied to the 2026 elections without violating the Administrative Procedure Act, the federal law that governs how agencies create and implement rules.
Kavanaugh wrote:
"In my view, based on the briefing the Court has received at this interim stage, there is at least a fair prospect that the final rule falls within the Postal Service's statutory authority."
He then explained why that did not matter for November. State and local election officials, he wrote, simply did not have enough time to implement the new requirements before voters go to the polls.
"But applying the rule in the 2026 elections would be arbitrary and capricious in violation of the Administrative Procedure Act because state and local election officials do not have sufficient time to reasonably implement the rule before the elections."
That distinction, agreeing on authority but blocking on timing, earned Kavanaugh no reprieve from the president. The administration had made multiple appeals to the court seeking to enforce the rules before the midterms, and each effort failed.
The majority opinion stated flatly that the government was "unlikely to succeed on the merits of its challenge to the District Court's preliminary injunction." Justices Barrett and Gorsuch backed that conclusion without writing separately.
Only Alito and Thomas sided with the administration
Justices Alito and Thomas dissented, arguing that the Postal Service possesses "broad authority to regulate the mail." Their dissent placed blame for the rushed timeline not on the administration but on the states that sued and the courts that entertained the litigation.
Alito, who authored the dissent, wrote that "the plaintiff States and the courts bear a substantial share of the blame for the rule's timing." Thomas, appointed by President George H.W. Bush, joined that opinion. Alito was appointed by President George W. Bush. Neither justice was a Trump nominee, a fact that makes the president's frustration with his own picks all the more pointed.
The ruling adds to a pattern. Earlier this year, the court handed down several orders that tested the boundaries of executive authority. In February, Gorsuch and Barrett were among six justices who invalidated Trump's new 10% baseline tariff for most countries and a separate levy imposed on China, Mexico, and Canada, a decision that entitled businesses to more than $100 billion in refunds. Trump later resurrected most of his tariff regime under different legal authorities.
Trump's statement left no room for ambiguity
The president's written response did not parse legal distinctions or acknowledge Kavanaugh's concurrence on the underlying authority question. Instead, Trump went directly at the character and independence of the justices he placed on the bench.
"These are not the people I interviewed to serve on the United States Supreme Court, they are merely a shell of their original selves."
He accused the court of caving to political pressure from the left.
"This Supreme Court is bullied and cajoled by the Radical Left into making decisions that have set America back at least a hundred years."
Trump also said "certain Justices are petrified of these crazed and depraved Democrats, and are totally unable to show the courage necessary to save our America." The statement did not specify which justices he considered most at fault, though the context, all three of his nominees voting against him, left little to interpret.
The frustration is not new. Trump has previously criticized his nominees publicly when they have appeared independent-minded on cases touching his policy agenda. But the mail-in ballot ruling carries particular weight because election integrity has been a defining issue for the president and his supporters. Six Republican secretaries of state had themselves urged the court to block the rule, citing implementation concerns, a detail that complicates any clean narrative about partisan lines.
What the ruling means for November
With the Supreme Court declining to intervene, the district court's injunction stands. The new mail-in ballot regulations, uniform envelopes and voter-eligibility lists, will not apply to the November 3 midterm elections. States will conduct mail-in voting under their existing rules.
Kavanaugh's concurrence leaves open the possibility that the regulations could survive a full legal challenge on the merits after the election. His opinion suggested the Postal Service's statutory authority is broad enough to support the rules in principle. But that is a question for another day and another round of litigation.
For now, the practical result is clear: the administration's effort to standardize mail-in ballot procedures before voters cast their ballots has failed. The court that includes three Trump appointees delivered that outcome. The Supreme Court's recent rulings have repeatedly demonstrated that the justices Trump placed on the bench do not regard their nominations as debts to be repaid with favorable votes.
Twenty-four states and Washington, D.C., brought the lawsuit. Only two justices agreed with the president. The math is the math.
A president who prizes loyalty above almost everything else just received a reminder that lifetime appointments, by design, make loyalty optional. Whether that constitutional feature is a flaw or a safeguard depends on which side of the ruling you stand, but the Founders were not confused about what they intended.

