Sen. Padilla claims Trump and Supreme Court lack power to alter mail-in voting rules before midterms

By 
, August 28, 2026

California Sen. Alex Padilla declared on national television that neither President Trump nor the Supreme Court can change mail-in voting rules with the midterm elections just 68 days away, a claim that glosses over legitimate concerns about ballot integrity and executive authority.

Padilla, a Democrat and former California secretary of state, appeared on MSNBC's "The Last Word" to celebrate a federal judge's restraining order blocking a Trump directive to the U.S. Postal Service. The senator framed the ruling as a constitutional inevitability and insisted election administrators have already moved past the point where any federal action could matter.

The senator's argument rests on a familiar Democratic position: that states alone run elections, that Congress, not the president, holds federal authority over voting procedures, and that the calendar has already settled the question. But that framing conveniently sidesteps the administration's stated goal of strengthening election integrity, and it treats a single district court ruling as the final word in a legal fight that remains very much alive.

Padilla leans on a Boston court ruling to shut down the debate

Host Lawrence O'Donnell opened the segment by asking about a federal judge in Boston who issued a restraining order against Trump's directive to the Postal Service. The judge's name, the case details, and the specific order at issue were not identified during the broadcast. O'Donnell's question was straightforward: "What's next?"

Padilla treated the ruling as an open-and-shut case. He told O'Donnell:

"Yeah, well, a big win. There should have been an easy win because the Constitution is clear, right? The Constitution recognizes that states run elections, states administer elections, and that the federal government has a say in the time and place or manner with which we vote. That comes from Congress, not the executive branch."

He then took a direct shot at the Supreme Court, faulting the justices for not reaching the same conclusion sooner.

"So no matter how many times Trump says it, he does not have the power to take over elections to eliminate vote by mail or whatever else he wants to do. If only the Supreme Court would have recognized that and acted accordingly last week."

Padilla did not specify which Supreme Court action, or inaction, he was referencing. The high court has been involved in multiple disputes over Trump's election-related executive orders in recent months, including a decision that lifted a lower court's block on one of Trump's mail-ballot orders, drawing a lengthy dissent from Justice Ketanji Brown Jackson.

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68 days out, Padilla says ballots are already printed

The senator's second line of argument was logistical, not constitutional. He cited his experience running California's elections and pointed to a hard federal deadline: ballots for military and overseas voters must go out by "next Friday," as required by federal law.

Padilla pressed the point in concrete terms:

"I served as California's secretary of state. We are now 68 days from Election Day. By federal law, next Friday is the date by which ballots must go out to members of the military and other overseas voters. So ballots have to be printed, envelopes have to be designed, laid out and printed as well. That's all done."

He concluded with the line that gave the segment its headline:

"Election administrators are doing their job. They will administer safe and secure elections. It is too late for Donald Trump, the Supreme Court, or anybody to try to change the rules at this point."

The assertion that it is "too late" for anyone to act carries a convenient finality. Padilla cast election administrators as the heroes of the story and the federal government, specifically the executive branch, as an interloper. That framing ignores the fact that the administration's directives to the Postal Service were aimed at strengthening verification procedures, not dismantling mail-in voting itself.

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A Clinton-appointed federal judge previously blocked the USPS from enforcing one of Trump's mail-in ballot integrity orders nationwide, a ruling that drew sharp criticism from those who argued the measures were reasonable safeguards against fraud.

Courts remain divided, and the legal fight is far from settled

Padilla spoke as though the constitutional question were already resolved. It is not. Federal courts have issued conflicting rulings on the scope of executive authority over election-related postal operations. One appeals court cleared the USPS to proceed with an election-mail rule requiring voter lists and ballot barcodes, a direct contradiction of the lower-court blocks Padilla celebrated.

Separately, a federal judge permanently blocked a Trump executive order requiring proof of citizenship to vote, a ruling that intensified calls for Congress to pass the SAVE America Act. That decision underscored how much of the election-integrity debate remains tangled in litigation with no final resolution.

Padilla's characterization of Trump's goals, "take over elections" and "eliminate vote by mail", was his own framing, not a direct quote from the president or any executive order cited during the broadcast. The senator offered no specific language from any Trump directive to support those descriptions. He presented his interpretation as settled fact.

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That rhetorical move is worth noticing. Padilla did not argue that Trump's specific measures were poorly designed or that they would create logistical problems. He argued that the president has no authority to act at all, a sweeping claim that, if accepted, would foreclose any executive-branch effort to secure the mail-ballot process, no matter how narrow or well-targeted.

Republicans build a parallel legal infrastructure for 2028

The broader context matters. While Democrats like Padilla celebrate district-court wins and declare the debate over, Republicans have been assembling their own legal apparatus. Ed Martin recently left the Department of Justice to lead Republican election legal efforts through 2028, a signal that the right views this fight as a long-term project, not a single-cycle skirmish.

Padilla's "too late" declaration may hold for this particular election cycle, ballots are printed, deadlines are approaching, and courts have issued temporary restraining orders. But the underlying constitutional questions about executive authority, postal operations, and ballot integrity remain unresolved. A single district court ruling in Boston does not settle them.

The senator's confidence is politically useful. Telling voters the fight is over discourages scrutiny of the process and frames any further challenge as illegitimate. But the legal landscape is fractured, the appellate courts have not spoken with one voice, and the Supreme Court's own handling of these disputes has been far from definitive.

Padilla wants the country to believe the question is closed. The courts, and the Constitution, have not agreed.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson