Trump v. California · ¶61

Begin with irreparable harm. The President is only conceivably harmed by an injunction barring executive action if that court order is preventing him from doing something the law permits him to do. But here the Government has not even bothered to assert, much less demonstrate, that the President has the constitutional authority to issue an order that directs the manner in which the mail-in ballot aspect of federal elections is to be administered. This means that the Government has failed to establish irreparable harm. And, to be clear, contrary to the majority’s contentions (ante, at 9 (citing Trump v. CASA, 606 U. S. 831 (2025))), the District Court’s injunction is not harming the Government.

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