6-3 stay of the injunction blocking EO 14399. No merits ruling on the Elections Clause. The Court said the directives to DHS, DOJ, and USPS were still “internal” and the States hadn’t shown a concrete injury yet.
Article I, § 4 gives state legislatures primary authority over the “Times, Places and Manner” of federal elections. Treating a nationwide executive order as non-justiciable until implementation is already underway is a structural problem.
Illinois election officials are already asking how this affects mail ballots. Procedure is power when the election is weeks away.
Bottom line: The Court did not bless the EO. It said the case wasn’t ripe. That’s still a green light to implement.