The U.S. Supreme Court declined on Monday to let the U.S. Postal Service enforce a new mail-in ballot rule, dealing a setback to President Donald Trump’s effort to restrict voting by mail ahead of the November midterm elections, according to court records. The high court’s brief, one-paragraph order denied the Justice Department’s request to lift a preliminary injunction issued by U.S. District Judge Indira Talwani in Boston, which blocks the measure while state legal challenges proceed.
Supreme Court Rejects Postal Service Ballot Restrictions
The blocked rule required states to provide lists of mail ballot recipients to the Postal Service and use agency-approved outgoing and return envelopes featuring unique barcodes, according to court documents. Under the measure, the Postal Service could refuse to deliver ballots that lacked compliance or matched voters absent from the submitted lists. According to the Associated Press, mail ballots accounted for nearly a third of votes cast in the U.S.
According to the 1st U.S. Circuit Court of Appeals in Boston, which refused to put Talwani’s order on hold, the rule “will likely result in the disenfranchisement of millions of voters across the country while providing minimal — if any — gains in combating voter fraud.” Another federal judge, U.S. District Judge Carl Nichols in Washington, D.C., also ruled against the regulation on Sunday, finding that it exceeded the Postal Service’s statutory authority and could disrupt voting access, according to his written opinion.
Did you know? All 50 states allow for some form of mail-in voting. Of those, 29 states permit voters to request mail ballots without providing a reason, and eight conduct their elections entirely by mail.
Political Stakes and Legal Arguments Ahead of Midterms
Trump’s fellow Republicans are locked in a tight battle to retain control of Congress in the upcoming midterm elections, and restricting mail-in ballots would stand to benefit Republicans given that Democratic voters disproportionately use mail ballots, according to various surveys. Trump signed the executive order targeting mail-in voting after years of casting doubt on its security, though he often votes by mail himself and has made false claims of widespread fraud in U.S. elections.
In a Sept. 6 emergency request, the administration urged the Supreme Court to allow an “important federal policy to protect the mails from being used to commit voter fraud.” However, lower courts and voting rights advocates pushed back. Sophia Lin Lakin, voting rights project director at the American Civil Liberties Union, stated that the administration keeps “testing the limits of its power,” adding that the Constitution grants states and Congress the power to set election rules rather than the president or the Postal Service.
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California Gov. Gavin Newsom welcomed the decision, calling it “a good day for democracy” in a public statement. Meanwhile, Justices Samuel Alito and Clarence Thomas dissented from Monday’s order. Alito wrote that the Postal Service “has broad authority to regulate the mail” and compared the challengers’ arguments to a “Hail Mary pass.” Justice Brett Kavanaugh indicated he agreed the restrictions should not take effect for the midterms but suggested he could side with the Trump administration if the issue returns to the court later.
Frequently Asked Questions
What did the Supreme Court decide regarding mail-in ballots?
The Supreme Court declined on Monday to let the U.S. Postal Service enforce a rule targeting mail-in ballots, leaving in place a lower court’s preliminary injunction that blocks the measure while legal challenges proceed.
Who challenged the U.S. Postal Service mail ballot rule?
Democratic state officials, the Democratic Party, and voting rights groups such as the American Civil Liberties Union and the NAACP challenged the rule in federal courts.
What were the specific requirements of the blocked postal rule?
The rule required states to submit lists of mail ballot recipients to the Postal Service and use agency-approved envelopes featuring unique barcodes, giving the agency power to refuse non-compliant mail.
What reasons did judges give for blocking the rule?
U.S. District Judge Indira Talwani and the 1st Circuit found the rule likely violated the Constitution and would disenfranchise millions of voters without sufficient time for states to comply before the midterms, while U.S. District Judge Carl Nichols ruled it exceeded the Postal Service’s statutory authority.
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