Judge Clears Path for Trump Mail Voting Order as States Sue

A federal judge on Wednesday lifted a major legal obstacle to President Donald Trump’s executive order limiting mail voting, even as Democratic state officials filed a new court challenge with the midterm elections fast approaching. The fresh round of legal wrangling comes just two days after the Supreme Court handed down a procedural ruling in Trump’s favor, and could mean the issue lands before the high court again before the pivotal contests for control of Congress.

A New Phase in High-Stakes Litigation

U.S. District Judge Indira Talwani in Boston agreed to lift an order prohibiting the U.S. Postal Service from carrying out Trump’s order for November’s elections. She wrote that she was “compelled” to do so after the Supreme Court’s conservative majority ruled that a similar injunction she granted in a separate case was premature. Talwani nevertheless said the executive order could unleash “chaos” and referred to it as “likely unconstitutional.”

According to AP News, the administration can now move forward and implement a Postal Service rule published late Friday. It would require states to follow a uniform envelope style for mail ballots and to give the Postal Service a list of voters eligible to receive them.

The new lawsuit, filed by 24 Democratic-led states and Washington, D.C., against the U.S. Postal Service, marked a new phase in the high-stakes litigation. It came after the Supreme Court ruled against the states in a separate case, but did not say Trump’s order was legal. Election officials warn it will be impossible to implement the rule before the first wave of mail ballots are sent out next week.

“Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” New York Attorney General Letitia James, one of 25 Democratic attorneys general filing the lawsuit, said in a statement. “USPS has no authority to decide who can and cannot vote by mail.”

The Supreme Court’s Procedural Ruling

The Supreme Court’s unsigned order Monday said its “disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful.” As NPR reported, the ruling was procedural — it did not weigh in on the legality of Trump’s executive order, which has so far not directly affected eligible absentee voters’ option to cast ballots by mail.

Justice Ketanji Brown Jackson, in a dissenting opinion, noted that the Supreme Court’s ruling “needlessly injects chaos and uncertainty into the upcoming midterm elections.” She added that the Court has “not foreclosed States from challenging this blatantly unconstitutional Order. But it declines to explain when, exactly, is the right time to bring a meritorious election-rule claim challenging unconstitutional interference with electoral processes.”

The USPS Final Rule

The 95-page rule published by USPS requires states to submit each mail voter’s name and address to a new USPS portal with unique Intelligent Mail barcodes, and requires pre-approval of ballot envelope designs. Before accepting outgoing ballot mailings, postal employees would scan the envelopes to confirm their barcodes appear in the federal portal. Mailings that fail the verification process would not be accepted and would be returned to election officials to correct and resubmit.

As CNBC detailed, the states argue the last-minute requirements could prevent eligible voters from receiving ballots because of administrative errors, technical failures or delays. Election officials have already designed and purchased envelopes and are preparing to send ballots for the midterms, which are less than 10 weeks away.

USPS says it “will not play any role in determining voter eligibility, maintaining voter rolls, or counting ballots.” The rule notably leaves out or waters down some of the most controversial aspects of Trump’s original order — states are not being asked to provide detailed voter eligibility lists with personal identifiable information including citizenship.

States Push Back

The coalition argues in its complaint that the rule exceeds USPS’s statutory authority, violates the Voting Rights Act and intrudes on states’ constitutional power to administer elections. California Attorney General Rob Bonta said: “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.”

Colorado Attorney General Phil Weiser called the Supreme Court’s ruling “irresponsible” and said it invites “mischief.” He added: “There is nothing lawful or appropriate about the president’s doing. He’s overstepping his authority, plain and simple. The Supreme Court didn’t need to get into the middle of this preliminary ruling, and certainly didn’t need to do anything to suggest that the president might be on solid ground. He’s not. We’re going to keep fighting it.”

Maine Secretary of State Shenna Bellows told USA Today that “this is not over. The states will see the Trump administration in court, and we will do everything in our power to protect the rights of American citizens to use the mail to vote, just as they always have.”

Trump’s Long Campaign Against Mail Voting

Trump has long targeted mail voting, which he falsely blames for his 2020 election loss and is disproportionately used by Democrats as a result of his condemnations. He issued his first election executive order just months after retaking office, attempting to require documentary proof of citizenship to vote, among other changes. He has also been pushing a sweeping election bill that has stalled in the Senate amid opposition from Democrats and even some within his own party.

About 30% of voters cast ballots by mail in 2024. A Pew Research Center survey after the 2024 election found that 44% of Democratic voters said they voted by mail or absentee, compared with 26% of Republican voters.

What’s Next

With the midterms less than 10 weeks away, the legal battle is entering its most critical phase. The first mailed ballots are set to be sent out next week, with North Carolina sending ballots to military and overseas voters on September 4. States like New York, Wisconsin, and Virginia will begin sending mail ballots around mid-September.

The new lawsuits do not themselves block the rule. With Talwani’s decision lifting the League of Women Voters injunction, no court order currently prevents USPS from applying it to the November election. But the challengers can seek new injunctions, and the issue could land before the Supreme Court again before the midterms.

White House spokesperson Lauren Bis defended the policy, saying: “Radical Democrats continue to oppose commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders. The Trump Administration will continue to lawfully enact the agenda President Trump was elected on – which includes the safety and security of our elections.”

The core constitutional question — whether the president can direct USPS to impose requirements on state election administration — remains unresolved. With ballots set to begin moving through the mail system within days, the answer may come sooner rather than later.