A federal judge has reinstated a block on key provisions of the Trump administration’s mail-voting requirements after the Supreme Court initially cleared the way for the policy.
The administration sought to enforce a new rule requiring states to submit lists of approved mail-ballot recipients and use unique barcodes on ballot envelopes. The U.S. Postal Service would deliver ballots only to voters on state-provided eligibility lists under the directive.
The legal battle stems from Trump’s March executive order directing USPS to establish standards for mail-ballot envelopes and require states to identify voters authorized to receive ballots by mail. The Supreme Court ruled in August that the challenge was premature before USPS finalized its rule, overturning an earlier injunction.
The Latest Court Block
After USPS completed its regulations, Democratic-led states and voting-rights groups returned to court with renewed challenges. U.S. District Judge Indira Talwani issued a temporary order on August 27 blocking key portions of the finalized rule while litigation continues.
The Justice Department has appealed to the 1st U.S. Circuit Court of Appeals and filed an emergency request with the Supreme Court to intervene. This marks the second time the administration has asked the justices to step in on the issue.
Arguments From Both Sides
The administration argues USPS has legal authority to establish the requirements and that states would continue deciding which voters are eligible for mail ballots. Government lawyers have rejected warnings that implementing the rule close to Election Day would cause widespread disruption.
Opponents contend that USPS lacks authority to refuse handling otherwise valid ballots based on federal requirements Congress did not enact. Judge Talwani has previously expressed substantial doubts about the policy’s legality, concluding challengers were likely to succeed on claims the administration exceeded its authority.
Timing Concerns
North Carolina began sending mail ballots this week, becoming the first state to do so for November’s election. Many election officials have told courts that ballot envelopes have already been printed and election systems configured, leaving little time for new federal requirements.
The online portal for states to upload voter lists was not yet fully operational this week, although USPS said it continued working on the system. An anonymous Postal Service whistleblower also alleged the agency rushed development of the computer system needed to implement the rule, with technical problems potentially interfering with ballot distribution.
What Happens Next
For now, Judge Talwani’s order remains in effect and USPS cannot enforce the challenged provisions while courts consider the administration’s appeal. The litigation leaves states facing significant uncertainty over which rules will govern mail voting in November.
