In the slow arithmetic of a democracy preparing for its midterms, the question of how ballots travel from the post office to the voter has become a question for the highest court in the land. The Trump administration, seeking to enforce a Postal Service rule meant to carry out a March executive order, has asked the Supreme Court to lift a federal judge's block just as states begin mailing ballots for November 3. It is a familiar American pattern: a policy born of long-held suspicions about mail voting, tested first in the lower courts, and now placed in the hands of nine justices whose answer
Trump administration renews Supreme Court bid to revive USPS mail-ballot restrictions before November midterms
Every day the injunction stands, the administration argues, risks "confusion and chaos."
Mark
Start with the basics. What exactly did the administration ask for on Sunday?
Mimi
An emergency order from the Supreme Court letting the Postal Service enforce its mail-ballot rule right away, after a federal judge blocked it and then extended that block on Friday.
Mark
Why a second filing?
Mimi
The first request targeted her shorter-term injunction. She extended the ban before the justices ruled, so the administration filed again.
Luke
Worth noting the warning about "confusion and chaos" is the government's argument, not a finding. The reporting doesn't say what the judge's reasoning was.
Mark
What does the rule actually require?
Mimi
States hand over lists of mail ballot recipients, every outbound and return envelope carries a unique barcode, and the Postal Service can refuse ballots that don't comply or belong to voters not on the lists.
Mark
And that matters because so many people vote by mail?
Mimi
Every state allows some form of it. Twenty-nine don't require a reason, and eight run elections entirely by mail. North Carolina already started mailing ballots Friday.
Luke
What we don't know is how the court will rule, or how many ballots the rule might actually affect. Nothing here estimates that.
Mark
What's the near-term marker?
Mimi
Justice Jackson set Wednesday as the deadline for responses to the administration's request.
El Pulso
- A federal judge's extended block has left a Postal Service rule on mail ballots frozen while states are already sending ballots out.
- The administration filed an emergency application on Sunday, arguing that every day of delay sows confusion and chaos.
- The rule demands voter lists from states, unique barcodes on every envelope, and the power to refuse noncompliant ballots.
- Responses are due Wednesday to Justice Jackson, and the Supreme Court's decision could reshape mail voting before November 3.
In the slow arithmetic of a democracy preparing for its midterms, the question of how ballots travel from the post office to the voter has become a question for the highest court in the land. The Trump administration, seeking to enforce a Postal Service rule meant to carry out a March executive order, has asked the Supreme Court to lift a federal judge's block just as states begin mailing ballots for November 3. It is a familiar American pattern: a policy born of long-held suspicions about mail voting, tested first in the lower courts, and now placed in the hands of nine justices whose answer will be read as a verdict on how the country votes.
On Sunday, September 6, lawyers for the Trump administration went back to the U.S. Supreme Court, asking the justices to let the Postal Service enforce a rule that would restrict mail-in voting. Some states have already begun sending ballots for the November 3 midterms, and the administration wants the rule in force now.
The move follows a ruling by Judge Talwani, who blocked the restrictions. The administration had already challenged her shorter-term injunction at the Supreme Court. Before the justices acted, she extended her ban on Friday, and that extension triggered the new filing. The final word on the rule now appears to rest with the justices.
Solicitor General John Sauer urged the court to act immediately, warning that each day the injunction remains in place risks confusion and chaos as more states mail ballots. Justice Ketanji Brown Jackson has set Wednesday as the deadline for responses.
The rule stems from an executive order President Trump signed in March, reflecting his long-running push to limit voting by mail and his false claims that fraud cost him the 2020 election. It requires states to provide the Postal Service with lists of mail ballot recipients, requires barcodes on all outbound and return envelopes, and lets the Postal Service refuse ballots that do not comply or that are tied to voters missing from those lists.
The stakes are national. Every state allows some form of mail voting, and eight run their elections entirely by mail. North Carolina became the first state to mail ballots for November, doing so on Friday. How the Supreme Court responds to Wednesday's filings may determine how mail voting works in the weeks ahead.
On Sunday, September 6, lawyers for the Trump administration filed a fresh emergency application at the U.S. Supreme Court. They asked the justices to let the U.S. Postal Service put into effect a rule restricting mail-in voting, even though some states have already begun sending ballots out for the November 3 midterm elections.
The filing follows a ruling by a federal judge, identified in the reporting as Talwani, who blocked the restrictions. The administration had earlier gone to the Supreme Court to challenge her shorter-term injunction. Before the justices ruled on that request, she extended her ban on Friday, and that extension prompted Sunday's new application. Reuters reports that the final decision on whether the restrictions can proceed likely now rests with the Supreme Court.
Solicitor General John Sauer, who represents the administration, urged the court to let the rule take effect immediately. He argued that every day the lower court's injunction stays in place "risks sowing confusion and chaos" as more states issue mail ballots. Justice Ketanji Brown Jackson has set a Wednesday deadline for responses to the administration's request.
The rule was issued by the Postal Service to carry out an executive order President Donald Trump signed in March. Trump has spent years calling for limits on voting by mail, alongside his false claims that his 2020 election defeat resulted from widespread voter fraud.
The rule's requirements are specific. States must give the Postal Service lists of mail ballot recipients. All outbound and return ballot envelopes must carry unique barcodes. The Postal Service would be allowed to refuse to deliver ballots that fail to meet the new standards, or that are tied to voters who are not on the state lists.
The stakes reach across the country, because every U.S. state allows some form of mail-in voting. Twenty-nine states let voters request a mail ballot without giving a reason, and eight conduct their elections entirely by mail.
The calendar is already moving. North Carolina became the first state to mail ballots for the November elections, doing so on Friday. With responses due Wednesday, the next step is whether the Supreme Court acts on the administration's request, and that outcome could shape how mail voting works in the weeks before the midterms.
Citas Notables
Leaving the injunction in place risks sowing confusion and chaos as more states issue mail ballots.— Solicitor General John Sauer, in the Supreme Court filing
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