Elections Commission Chair Don Millis says he expects states will file a new challenge to President Donald Trump’s executive order restricting mail-in voting after the Supreme Court cleared the way for the U.S. Postal Service to move forward with the rule.

“The Supreme Court said the states did not have standing to challenge the order. I’m guessing they will have standing to challenge the regulation,” said Millis, a Republican appointee. “The real battle will be when the regulation comes out.” 

Millis said the Elections Commission will discuss the court’s decision in closed session on Monday.

The court yesterday allowed the administration to move forward with a March executive order that would create a federal list of eligible voters and direct the U.S. Postal Service to deliver ballots only to those people.

The ruling, which is likely to be followed by further court challenges, comes three-and-a-half weeks before Wisconsin election clerks are set to begin mailing absentee ballots for November’s election. 

The unsigned opinion does not preclude future legal challenges by the Democratic officials from 23 states and the District of Columbia – including AG Josh Kaul – who challenged the executive order.

Rather, the court’s majority said it was too soon to consider the states’ challenge since the order had not yet been carried out. 

In an interview late yesterday, Kaul called the court’s ruling a “strange” and “disappointing” decision.

“We’re 10 weeks and one day away from Election Day and so I think it’s extremely irresponsible for the court to leave uncertainty to what the rules are going to be,” Kaul said, though he also said he was “very confident” the executive order would not ultimately affect mail-in voting in November.  

Kaul declined to comment on future legal action or whether it would focus on a Postal Service rule, released Friday, that would prohibit the federal agency from delivering ballots in states that did not comply with the administration’s order.

Democratic gubernatorial candidate David Crowley called the ruling “un-American” and sought to tie it to GOP opponent Tom Tiffany.

“The continued attempts by Tiffany’s MAGA allies and Donald Trump to take away our basic rights to vote is un-American,” Crowley said in a statement. “It is exactly what Congressman Tiffany tried to do when he attempted to overturn the 2020 election.”

Tiffany’s campaign didn’t immediately respond to a request for comment on the ruling.