Trump Renews Supreme Court Bid to Revive USPS Mail-Ballot Rules

The administration filed again after the injunction changed

WASHINGTON — The Trump administration filed a renewed emergency application with the U.S. Supreme Court on Sunday, September 6, asking the justices to let the Postal Service enforce new federal-election ballot-mail rules immediately.

The new filing followed U.S. District Judge Indira Talwani's September 4 preliminary injunction, which replaced a shorter temporary restraint and continued blocking mandatory enforcement of the voter-list, envelope and barcode requirements while the lawsuit proceeds.

The Supreme Court docket shows the administration withdrew its earlier application in No. 26A297 on Sunday after that request—directed at the temporary restraint—was overtaken by Talwani's longer order. Reuters and Associated Press report that the administration then renewed its request against the preliminary injunction.

Justice Ketanji Brown Jackson set Wednesday as the deadline for responses to the new request, Reuters reported. A response deadline is a procedural step, not a decision or an indication that the Court will grant a stay.

Read the source: Reuters: Administration renews Supreme Court bid after preliminary injunction ↗

The rule would add lists, approved envelopes and unique barcodes

The Postal Service's final rule requires state and local election officials to provide lists of mail-ballot recipients through a federal portal and to use agency-approved outbound and return envelopes carrying unique barcodes.

Under the published rule, the Postal Service could refuse noncompliant ballot mail, including ballots associated with voters who do not appear on the submitted lists. That is a power over mail handling; it is not a Supreme Court ruling that any voter is ineligible or that any ballot should be rejected by an election official.

The administration argues that Congress gave USPS authority to regulate envelope design and addressee information and says the policy would protect the mail from voter fraud. Challengers argue that the system intrudes on election administration assigned to states and Congress and risks blocking lawful voters. Those are competing legal positions, not settled findings.

Read the source: Associated Press: Administration files another Supreme Court appeal ↗

Ballot mailing has started while the portal remains unfinished

North Carolina began mailing ballots Friday, September 4, the first state to do so for the November 3 midterm elections. Associated Press reports that Alabama is scheduled to begin September 9 and at least five more states during the week of September 13, narrowing the practical window for nationwide changes while the appeal continues.

A USPS official said in a September 3 court filing that the Federal Ballot Mail Portal was not yet active and might become available during the week of September 7 for states choosing to participate, according to Reuters. The injunction blocks mandatory enforcement; Associated Press reports that voluntary participation remains possible, though no state had been identified as opting in.

An anonymous USPS whistleblower separately alleges that the portal was developed with inadequate testing and could return an entire batch over one mismatch. Sen. Richard Blumenthal released that disclosure, but no public independent audit has confirmed its technical claims.

Read the source: Supreme Court docket: Earlier application in No. 26A297 withdrawn September 6 ↗

The filing does not change the rules by itself

On August 24, the Supreme Court lifted an earlier injunction after concluding that a coalition of mostly Democratic-led states had sued before the Postal Service adopted its final rule. The 6-3 order did not decide whether the policy itself is constitutional.

After USPS published the final rule, states and voting-rights organizations renewed their challenges. Talwani first issued emergency relief on August 27 and has now extended the block through the preliminary-injunction stage.

The administration argues that USPS may regulate ballot-envelope design and addressee information and says immediate enforcement would prevent uneven preparation. Challengers argue that the rule exceeds postal authority, intrudes on election administration assigned to states and Congress and arrives too late for election offices to rebuild their systems safely.

Sunday's application asks the Supreme Court for relief; it does not supply that relief. As of this update, the Court had not stayed Talwani's preliminary injunction, and the mandatory USPS requirements remained blocked. The district-court order is interim, and no court has finally resolved every claim about the rule's legality.

Read the source: Reuters: Judge issues a preliminary injunction against mandatory enforcement ↗

What is confirmed, disputed and still changeable

Confirmed: the administration filed a renewed Supreme Court request after Talwani replaced the temporary restraint with a preliminary injunction; Justice Jackson set responses due Wednesday; mandatory enforcement of the voter-list, envelope and barcode rule remains blocked; and North Carolina has begun mailing ballots.

Disputed or alleged: the administration says the rule is a lawful postal measure; challengers say it risks disenfranchisement and unlawfully federalizes state election procedures; and the anonymous whistleblower alleges severe technical weaknesses. None of those contested propositions has been finally resolved.

Mail voting has not been abolished. Voters should follow current instructions from their state and local election offices, verify deadlines through official channels and avoid changing a voting plan based on partisan social-media claims.

Court action could change the rules quickly. What’s the Scoop With Broach will update this report if the Supreme Court grants or denies the renewed request, the First Circuit acts, or another controlling order changes the Postal Service's authority.

Read the source: Associated Press: Longer injunction replaces the temporary order ↗