Trump Takes Mail-In Ballot Fight to Supreme Court Again
The Trump administration filed its third Supreme Court emergency appeal to implement new mail-in ballot requirements after a federal judge extended a block on the rule ahead of midterm elections.
According to David Zimmermann writing in Washington Examiner, U.S. District Judge Indira Talwani, appointed by former President Barack Obama, issued a preliminary injunction on Friday that replaced her earlier temporary restraining order from August 27. The extended block prevents the postal ballot restrictions from taking effect before the midterm elections while litigation continues.
In its latest Supreme Court filing, the Department of Justice warned that the preliminary injunction should be suspended due to potential disruption it could cause to both USPS operations and state election administration processes.
Solicitor General John Sauer pointed out in the filing that North Carolina has already begun mailing ballots, with Alabama set to follow on September 9 and at least five additional states scheduled to begin the week of September 13.
Once those ballot envelopes enter the mailstream, there is no retrieving them, Sauer wrote, emphasizing that continued uncertainty risks creating disorder because the injunction makes compliance voluntary rather than mandatory.
Rule Stems From Trump Election Integrity Order
The contested USPS regulation, issued last month, derives from President Donald Trump’s March 31 executive order directing the federal postal agency to deliver mail ballots only to U.S. citizens vetted by the administration.
Under the new rule, mail-in ballots would need to carry official Election Mail markings and be sent in automation-compatible envelopes featuring unique Intelligent Mail barcodes. Election officials would be required to submit voters’ names, addresses, and corresponding barcode data through a federal government-operated portal. The policy aims to enhance USPS tracking capabilities for mail-in ballots and ensure ballots reach only eligible voters.
Sauer’s filing maintains the rule does not interfere with states’ authority to administer elections and that USPS will play no role in determining voter eligibility, maintaining voter rolls, or counting ballots.
Administration Seeks Stay Pending Appeal
The Trump administration is requesting the Supreme Court grant a stay that would override Talwani’s preliminary injunction while the government pursues its appeal through the U.S. Court of Appeals for the 1st Circuit. Such a stay would allow the rule to be operational for the 2026 elections through November 3.
The Supreme Court has previously sided with the Trump administration on this matter, allowing the USPS ballot rule to proceed without issuing a definitive ruling on its underlying legality.
The regulation represents the latest Trump administration initiative aimed at restricting mail-in voting practices and strengthening election integrity protections.
With information from Washington Examiner
