How can the Supreme Court protect electoral integrity?

SCOTUSblog

by Edward Foley

February 26, 2026

AI-Generated Deep Dive Summary

The article explores the critical issue of how the Supreme Court can safeguard electoral integrity, particularly in the context of potential federal interference in state election processes. It highlights a concerning scenario where President Trump could direct federal agencies, such as the FBI, to seize ballots in key congressional districts during the midterms. This action could prevent the certification of election results before January 3, 2027, when the new Congress is scheduled to meet and elect the Speaker of the House. Such a move would undermine the democratic process by excluding certain districts’ votes from influencing the outcome, potentially determining which party controls the House without input from all voters—a direct threat to democracy. The piece notes that while such actions are unprecedented in U.S. history, they are not unfounded. Trump has previously expressed regret over not ordering ballot seizures during the 2020 election, and recent FBI seizures of ballots in Georgia have raised concerns about similar actions in this year’s midterms. These developments underscore the need for the Supreme Court to act proactively to prevent electoral subversion. The article also references a longstanding Department of Justice (DOJ) policy outlined in its “Federal Prosecution of Election Offenses” manual, which emphasizes that federal investigations must avoid interfering with state election processes. The manual explicitly states that federal seizure of ballots could disrupt state efforts to resolve disputes and certify results, making it clear that such actions are not permissible during an ongoing election. However, there is growing concern that the DOJ under Trump’s leadership may ignore these guidelines, potentially revising or abandoning them entirely. This raises the specter of unchecked federal interference in state elections, which could have devastating consequences for electoral integrity and democratic processes. The article concludes by emphasizing the critical role the Supreme Court must play in ensuring that such threats to electoral integrity are addressed before they materialize. By upholding existing policies and preventing federal overreach, the court can safeguard the foundational principles of democracy and ensure fair representation for all voters.

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Originally published on SCOTUSblog on 2/26/2026