Ten days after the Supreme Court stayed an injunction involving President Donald Trump's mail-ballot policy, the same fight is back before the justices.
This time, the U.S. Postal Service has an actual final rule, a federal judge has temporarily blocked parts of it, and Solicitor General John Sauer wants the Supreme Court to intervene again.
From OANN:
The Justice Department filed an emergency appeal with the U.S. Supreme Court on behalf of the U.S. Postal Service, requesting that the top court lift a federal judge’s temporary block on new postal regulations for mail-in ballots.
The dispute centers on rules stemming from a GOP-led executive order that directs federal agencies to establish stricter standards for mail-in voting ahead of the upcoming election.
Under the proposed Postal Service regulations, states, and local election offices would be required to use standardized ballot envelope designs with unique intelligent barcodes and upload list data of mail-in voters to a new federal verification portal.
Postal officials maintain that the measures represent minor operational rules intended to address a slew of serious security concerns and mitigate voter fraud.
The emergency petition comes after a U.S. District Court judge in Boston issued a temporary restraining order halting the rules. Left-wing challengers argue that the rapid rollout creates severe logistical hurdles, stating that many jurisdictions have already printed millions of ballot envelopes and lack the time or infrastructure to adapt to the portal requirements.
Solicitor General D. John Sauer urged the Supreme Court to intervene, writing in filings that delay risks causing “irreparable harm” as states begin mailing out absentee and military ballots.
Meanwhile, the Trump administration has emphasized that while states retain primary authority over election administration, the federal government maintains legal authority to establish and enforce regulations governing the federal mail system.
U.S. District Judge Indira Talwani issued a 14-day temporary restraining order Aug. 27. She found the challengers were likely to succeed on claims that USPS lacked authority to impose the rule and that some requirements were unconstitutional. Her order prevents USPS from making several provisions mandatory for elections through Nov. 3 while the litigation continues.
The Postal Service rule requires federal ballot-mail envelopes to meet design standards, carry unique intelligent mail barcodes, and undergo design review. Election officials also must place information, including recipients' names, addresses, and barcode data, into a federal ballot-mail portal.
USPS says states still decide who may vote by mail, who belongs on voter lists, and whether completed ballots count.
California Attorney General Rob Bonta and a coalition of other Democratic-led states argue USPS crossed from regulating mail into regulating elections. Their lawsuit says Congress never authorized USPS to control ballot distribution in the manner created by the new rule and raises statutory, constitutional, and privacy objections.
From the California DOJ:
“This mail-in voting rule is an unlawful overreach that shows just how far President Trump will go to control elections, but as I’ve said before, this fight is far from over and we are confident that the facts and the law are on our side,” said Attorney General Bonta. “On Monday, the U.S. Supreme Court declined to fully close the door on the President’s attempt to interfere in our election administration. Today, we’re taking legal action to stop this unlawful rule in its tracks and ensure that voters can exercise their constitutional right to vote. Let’s be clear: the U.S. Constitution gives states the power to regulate elections — not the President and not USPS. Ballots are an extension of our voices and we’re asking the court to ensure that every person has the right to make theirs heard.”
"Donald Trump does not run elections. States do. And his latest attack on democracy is proof of how weak he has become,” said Governor Gavin Newsom. “California will continue to lead the way in defending democracy — using every tool at our disposal and every minute in our day. This perilous moment in history demands no less from us.”
The DOJ sees the boundary differently. Congress gave USPS authority to establish rules necessary for collecting, handling, transporting, and delivering mail. The government argues ballot envelopes don't become exempt from postal regulations simply because they contain election material. Several requirements, including barcodes, automation-compatible envelopes, and design review, had already existed as USPS recommendations before becoming mandatory.
President Trump set the process in motion March 31 with Executive Order 14399, directing USPS to begin rulemaking aimed at securing federal ballot mail. An earlier district court injunction tried to stop implementation before the final rule existed. On Aug. 24, the Supreme Court stayed that order, concluding the earlier challenge depended on speculation about a rule USPS hadn't yet finished.
Three days after the final rule was published, Talwani blocked major portions of it again.
Courts have a legitimate role in determining whether agencies exceed authority granted by Congress. Temporary restraining orders also carry immediate policy consequences, especially weeks before an election. Here, the injunction decides which USPS requirements can operate while the larger constitutional and statutory fight remains unresolved.
Sauer's emergency application now asks the Supreme Court to lift the block. Justice Ketanji Brown Jackson requested responses by 10 a.m. Sept. 8.
The central question is straightforward: Did Congress give USPS enough authority to impose these ballot-mail requirements, or did the agency enter territory constitutionally reserved for states and Congress?
For the second time in weeks, the Supreme Court may have to answer before voters start mailing ballots.
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