Trump v. California

609 U. S. ____ (2026) · 8/24/26

The Government’s application to stay the District Court’s injunction in 26A124—which forbids the Government to implement §§2 and 3 of Executive Order No. 14399—is granted; the application for a stay in 26A139 is denied as moot.

The President recently issued an Executive Order regarding election integrity. A group of States sued the Government in the District of Massachusetts, contending that the Order unconstitutionally infringes on their authority to administer elections. The District Court agreed and enjoined the Government from implementing the Order. In doing so, the District Court rejected the Government’s argument that it lacked jurisdiction over the States’ claims because the States lack standing to bring them. The Government has asked us to stay the injunction, arguing that it is likely to succeed on the…

About five months ago, President Trump issued an Executive Order designed to maintain public confidence in federal elections. See Exec. Order No. 14399, 91 Fed. Reg. 17125 (2026). The Order is an internal directive from the President to his subordinates mandating that certain agencies pursue certain policies. It neither requires nor forbids anything of anyone outside the Executive Branch. Three sections of the Order are relevant here.