Trump administration asks Supreme Court to reinstate new USPS mail-ballot restrictions.
Federal judge blocked the rule, citing constitutional and implementation concerns.
Legal battle intensifies as the November midterm elections approach.
President Donald Trump’s administration has asked the US Supreme Court to allow a new Postal Service rule tightening requirements for mail-in ballots to take effect, moving swiftly after a federal judge temporarily blocked the regulation ahead of the November 3 midterm elections.
In an emergency filing on Thursday, the Justice Department urged the Supreme Court to lift Boston-based US District Judge Indira Talwani’s order preventing the US Postal Service (USPS) from enforcing the rule. The regulation, introduced following Trump’s executive order targeting mail-in voting, imposes new requirements on voter data and ballot envelopes and could allow USPS to reject ballots that fail to meet the standards.
The challenge comes as Republicans face a closely fought battle to retain control of Congress, while voting rights groups warn that tighter mail-ballot rules could disrupt thousands of legitimate votes.
What Does Trump’s New Mail-Ballot Rule Require?
Under the USPS regulation, states would have to provide the Postal Service with lists of voters receiving mail ballots. States would also be required to use USPS-approved outbound and return envelopes carrying unique barcodes.
USPS could refuse to process ballots that do not meet the new requirements or are linked to voters whose names do not appear on the supplied lists.
Critics, including a coalition of mostly Democratic-led states, Washington, DC, and voting rights organisations, argue that the rule could interfere with states’ authority to administer elections and disproportionately affect Democratic voters, who have traditionally relied more heavily on mail-in voting.
Trump signed an executive order targeting mail-in ballots in March and has repeatedly questioned their security, despite voter fraud being rare. His administration has argued that the new rule is necessary to protect the postal system from being used for voter fraud.
Why Is The Rule Facing A Legal Challenge?
Judge Talwani issued a temporary 14-day order on August 27 blocking enforcement of the USPS rule. She found that the regulation likely violates constitutional principles governing state control over elections and could be impossible for states to implement so close to the midterm elections.
The Justice Department first asked the Boston-based 1st US Circuit Court of Appeals to suspend Talwani’s order. It then turned to the Supreme Court without waiting for the appeals court to rule.
The administration has now asked the Supreme Court to intervene and allow the regulation to be implemented.
This is the second time the Trump administration has taken its fight over the mail-ballot directive to the Supreme Court. On August 24, the court lifted an earlier injunction issued by Talwani in June that had blocked Trump’s executive order.
The court’s 6-3 conservative majority ruled that the states challenging the order had acted too early, although it left open the possibility of further legal challenges. The court’s three liberal justices dissented.
Meanwhile, Talwani held a hearing on Thursday to consider whether to extend the injunction beyond the initial 14-day period, leaving the future of the new USPS rule in legal uncertainty as the November election approaches.
