A federal judge in Boston has issued a temporary restraining order blocking the U.S. Postal Service (USPS) from implementing a new rule that would impose strict requirements on mail-in voting ahead of the November 3, 2026, midterm elections. Judge Indira Talwani, a nominee of President Barack Obama, granted the two-week block late Thursday night following challenges from voter advocacy groups and Democratic-led states.
Boston Judge Blocks USPS Mail-In Voting Rule
The rule was issued under an executive order signed by President Trump in March. In her ruling, Talwani stated that the USPS is refusing to send mail ballots to eligible voters unless local or state election officials submit their return and mail ballot envelopes for advance USPS approval, regardless of impending deadlines for the midterms. The judge added that the challengers are likely to win on claims that the rule is unconstitutional and that the USPS lacks the authority to issue it.
Requirements for Ballot Delivery
Under the agency’s plan, states would be required to submit lists of their mail voters to the USPS to use the service for transmitting ballots.
The rule also mandates that the USPS only carry ballots in envelopes featuring specific barcodes unique to each voter to allow for automated tracking. The administration has stated these requirements are intended to facilitate law enforcement investigations and ensure only Americans vote in American elections.
State and Advocacy Group Challenges
A coalition of 24 states and the District of Columbia filed a lawsuit arguing that the rule unconstitutionally exceeds executive power and interferes with the authority of states to administer elections. California Attorney General Rob Bonta stated that the U.S. Constitution gives states, not the President or the USPS, the power to regulate elections.
State election officials raised several practical concerns in court filings, including:
- Production Timelines: Officials stated they lack the funds and time to redesign and reprint millions of ballot envelopes. Vendors indicated such work could not be completed before the midterms.
- System Updates: States would need to update election management systems and train officials to use a USPS portal.
- Data Logistics: Officials questioned the feasibility of uploading citizen data to the proposed USPS portal.
Judge Talwani noted that the Trump administration offered no reply
to assertions that compliance for the 2026 midterms would be impossible for many states.
Legal Timeline and Supreme Court Involvement
The current block follows a series of rapid legal maneuvers. On Monday, the Supreme Court reversed a previous order by Judge Talwani that had blocked aspects of the March executive order in two dozen states. The high court ruled that the earlier challenge was premature because the agencies had not yet rolled out a final plan. However, the Supreme Court noted that if a final rule harmed the states, they could challenge that specific rule.
The current ruling stems from revised complaints filed after the USPS released its final rule on a Friday night. In a separate action, the League of Women Voters and other groups had previously obtained an injunction. Judge Talwani previously found that the USPS feigned compliance
with her directives by issuing the final rule while an injunction was still in place.
Administration Response and Next Steps
The White House has appealed the latest ruling. Spokeswoman Lauren Bis described the order as unreasoned and unlawful,
arguing that the administration is implementing commonsense measures
to protect ballot security.
The Justice Department argued in court filings that the regulatory change was modest
and that the USPS possesses the statutory authority to undertake it. The urgency of the case is heightened by tight deadlines; for example, North Carolina is required to send the first mail ballots to overseas and military voters by Sept. 4.
Judge Talwani is scheduled to hold a hearing next Thursday to determine if a preliminary injunction should be issued, which would create a longer-lasting block on the regulations.