DOJ Seeks to Revive USPS Mail Voting Rules Before November Midterms
Updated
Updated · Democracy Docket · Sep 5
DOJ Seeks to Revive USPS Mail Voting Rules Before November Midterms
3 articles · Updated · Democracy Docket · Sep 5
Summary
An emergency filing Saturday asked the 1st Circuit to stay Judge Indira Talwani’s Friday injunction, which blocked mandatory enforcement of the USPS mail-voting rule through November.
DOJ argued states have not shown compliance is impossible, citing North Carolina’s assurance absentee ballots would go out smoothly and noting five other states did not claim they could not comply.
The administration said USPS will provide implementation support and that the Federal Ballot Mail Portal — central to the new system — will be functional by next week.
Talwani had found severe logistical obstacles made voter disenfranchisement practically inevitable if the rule took effect immediately, directly contradicting the government’s position.
DOJ also urged the appeals court to narrow the injunction under the Supreme Court’s 2026 Trump v. CASA ruling, a move that could let the restrictions take effect in non-plaintiff states.
Supreme Court Showdown Over USPS Mail-In Voting Rules: The 2026 Battle for Ballot Access, State Authority, and Voter Disenfranchisement
Overview
In September 2026, a major legal battle erupted over President Trump's executive order requiring the USPS to screen mail-in ballots for fraud. After the USPS published its final rule, 25 states sued to block it, leading a federal judge to issue a nationwide injunction. The Trump administration quickly appealed, pushing the case toward a Supreme Court showdown. Meanwhile, a whistleblower revealed that the new federal ballot portal was rushed and untested, with a design flaw that could reject entire batches of ballots over a single error, risking mass disenfranchisement. As states began mailing ballots, the urgent legal fight left election officials and voters facing confusion and uncertainty.