The Trump administration asked the Supreme Court on Thursday to lift a block on its new mail ballot rule for the U.S. Postal Service, as some states prepare to send mail ballots for the November elections in mere weeks.
Late last month, the Supreme Court lifted a lower court order blocking an executive order instructing federal agencies to develop policies and rules regarding mail ballots, finding that the federal district court “lacked jurisdiction to bar the Government from trying to implement” a rule. The ruling left open the ability for the lower court to strike down a USPS rule developed as a result of that order, which U.S. District Judge Indira Talwani, an appointee of former President Barack Obama, did on a temporary basis last week.
SUPREME COURT LIFTS BLOCK ON TRUMP’S MAIL-IN BALLOT EXECUTIVE ORDER
Solicitor General D. John Sauer urged the high court to lift the order blocking the USPS rule, arguing that it is within the federal government’s authority because it involves managing USPS rather than impeding on the states’ authority to conduct elections.
“The Rule’s regulation of the U.S. Mail—not federal elections—is plainly constitutional. While the States have primary authority to regulate the manner of elections, they cannot choose to use the federal mails to carry out their elections but then insist that their election-related mail is somehow exempt from the Postal Service’s rulemaking authority, conferred by Congress, to regulate envelope design and addressee information,” Sauer wrote, urging the justices to allow the rule to take effect.
“Neither the statutes nor the Constitution contains or compels any such carveout from this type of core regulation of the use of federal mails,” Sauer added. “The district court’s baseless order also imposes serious irreparable harm on the federal government, the States themselves, and the voting public.”
The USPS rule would require mail-in ballots to bear Election Mail markings and be sent in automation-compatible envelopes with unique Intelligent Mail barcodes. Election officials would submit voters’ names, addresses, and corresponding barcode information through a federal portal. Talwani issued a temporary restraining order blocking the rule through Sept. 10 and appeared poised to extend the order or convert it into a preliminary injunction.
The Department of Justice appealed Talwani’s ruling to the U.S. Court of Appeals for the 1st Circuit, but the appeals court has yet to rule on the appeal. Sauer argued that, with states beginning to mail ballots in the coming weeks, an order lifting the block on the USPS rule is needed as soon as possible to prevent confusion.
“Even before September 10, two States—North Carolina and Alabama—will begin sending ballots to voters, the first as soon as September 4. Once those ballot envelopes enter the mail-stream, there is no retrieving them; ordinary appellate review thus ‘would come too late’ to cover those ballots,” Sauer wrote, discussing the looming deadlines.
JUDGE APPEARS READY TO EXTEND BLOCK ON USPS MAIL-IN BALLOT RULE: ‘I’M NOT THE FINAL WORD’
“With respect to the November 2026 election, the order thus partially nullifies the Postal Service’s efforts to address the risk that the federal mails will be used to perpetrate voter fraud—a particularly pernicious species of fraud that dilutes the votes of lawful voters, prevents election results from reflecting the will of the American people, and undermines ‘public confidence in the integrity of the electoral process,’” Sauer added, warning of potential confusion if the order is not lifted.
The high court requested a response by Tuesday at 10 a.m., with a ruling on the petition not expected until then. The Supreme Court could issue an administrative stay at any time, halting the lower court’s order while the justices weigh the emergency petition.