Various sources (Reuters, NYT) are reporting that djt plans to sign a new EO that requires voter identification for all US elections. The power he seeks to exercise is clearly unconstitutional. A president simply does not have that power under the US Constitution.
The main questions are (1) will he actually sign and issue the EO, and (2) will the USSC reject or ignore the constitutional limit, holding that djt has the power the EO demands. The USSC could easily uphold the EO using the shadow docket with a short 1-2 paragraph non-decision that explains nothing. That would allow MAGA to subvert the 2026 elections, keeping MAGA authoritarians in power in both chambers of congress.
As discussed here recently, the constitution does not grant the president explicit authority over federal election law. That power is specified to be with state legislatures and congress. Under Article I, Section 4 (the Elections Clause), states have primary responsibility for regulating elections, including determining times, places, and manner of elections, while Congress has the power to "make or alter" such regulations. A 2023 Supreme Court held that state legislatures must follow their own state laws when regulating federal elections, which accords with the text of the constitution.
How likely is it the USSC will allow djt to pull off this authoritarian trick? There's no way to know with confidence. The USSC could let djt impose his ID requirement using the shadow docket, while delaying the case until after the elections. Maybe that temporary but maybe highly effective approval is the most likely outcome.
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