Trump Administration Appeals Judge's Block on Mail Voting Order

Judge Talwani issued a 14-day temporary restraining order Thursday, halting Postal Service enforcement of new mail-ballot rules just days before states begin sending midterm ballots.

• Nearly one-third of Americans cast ballots by mail each election.
• 24 state attorneys general, led by California AG Rob Bonta, filed suit.
• USPS rules require approved envelope designs, unique barcodes, and voter data uploads.
• A Sept. 3 hearing will consider a longer injunction; an appeal is expected immediately.

Why it matters: Talwani wrote that states lack the time and money to redesign ballots, seek design approvals, update election systems, and train officials before the midterms.

• Plaintiff states and voting rights groups argue the Constitution grants election rulemaking authority to states and Congress, not the president or USPS.
• USPS says its rule does not determine voter eligibility or check submissions against state voter rolls.

How 51 sources split on this story

Where they split: The core dispute is whether the president and USPS have constitutional authority to set mail-ballot formatting and data requirements, or whether that power belongs solely to states and Congress.

What’s next: The Justice Department is expected to appeal, potentially triggering another Supreme Court emergency order.

• The Sept. 3 hearing could produce a longer injunction — just as the first ballots are set to go out.
• Will the Supreme Court rule on the merits of the executive order rather than on procedural grounds?
• Can states realistically comply with the USPS rules if a higher court lifts the block before the midterms?
• How will the outcome affect mail-ballot access if legal battles continue past the point ballots must be printed?