The Trump administration on Thursday asked the Supreme Court to lift a federal judge’s block on a U.S. Postal Service rule that would restrict mail-in voting, escalating a legal battle over the administration’s postal service appeal that has already seen multiple court orders in recent weeks.
U.S. District Judge Indira Talwani issued a temporary restraining order on August 27 blocking the government from implementing the new USPS rule for 14 days, a period that extends through September 10. The order bars enforcement of requirements that states redesign ballot envelopes with specific barcodes and submit voter data to a USPS portal.
In its emergency filing Thursday, the Trump administration argued that the block causes “serious irreparable harm,” noting that North Carolina and Alabama plan to begin sending ballots to voters as soon as September 4. U.S. Solicitor General D. John Sauer told the court that once ballot envelopes enter the mailstream, “there is no retrieving them.” The Supreme Court directed challengers to file a response by 10 a.m. EDT on Tuesday, September 8.
The latest appeal marks the second time in less than six weeks that the Trump administration has sought Supreme Court intervention on mail-in voting restrictions. President Trump signed an executive order on March 31, 2026, directing the Department of Homeland Security to create lists of eligible voters in each state and requiring the USPS to deliver mail ballots only to voters on state-submitted lists. The order also instructs the U.S. attorney general to prioritize investigation and prosecution of state and local officials who issue ballots to ineligible voters.
A coalition of 23 states led by California and the District of Columbia challenged the order in federal court in Massachusetts, arguing it violates the Constitution by stripping states of their traditional power to determine voter eligibility and set election procedures. Judge Talwani initially barred implementation nationwide through November 3, 2026, for the challenging states and the District.
On August 24, the Supreme Court allowed the Trump administration to begin implementing the executive order, ruling in an unsigned 10-page opinion that it was premature for lower courts to act before the order had been fully carried out. However, after the USPS issued its final rule in late August, Talwani issued the new temporary restraining order blocking several specific provisions tied to ballot envelope design and data submission requirements.
The administration’s argument that the USPS has authority to regulate election mail mirrors its defense of rules governing other specialized mailings. Sauer asserted the postal service has previously imposed processing requirements on cremated remains and replica explosives, and has adopted rules governing election mail logos and prioritizing ballot delivery.
The case reflects a broader pattern of litigation over voting restrictions. In 2025 and early 2026, federal courts blocked key provisions of Trump’s first voting executive order, including a proof-of-citizenship requirement. Multiple courts concluded that federal law does not bar states from counting ballots received after Election Day, undercutting the administration’s rationale for federal ballot restrictions.
Sources
- SCOTUSblog — Trump administration’s emergency filing to the Supreme Court on September 3, 2026, Talwani’s temporary restraining order details, and the March 31 executive order’s three provisions
- AP News — Trump administration’s second Supreme Court appeal and the September 3 filing timeline
- NBC News — Justice Department’s request to the Supreme Court on mail-ballot rules
- PBS NewsHour — Judge Talwani’s August 27 block and the 14-day duration through September 10
- The New York Times — Judge Talwani’s consideration of whether to extend the ban and the September 4 ballot-sending deadline in North Carolina and Alabama
- White House — Executive Order 14399 text and the March 31, 2026 signing date
- Brennan Center for Justice — Explanation of the executive order’s USPS ballot envelope and barcode requirements
- Constitution Center — Details on the March 2026 executive order’s voter eligibility and state list requirements
- Democracy Docket — Status of the Supreme Court deadline for responses (September 8) and the temporary restraining order details
