Court Clears Way for Trump Mail-Ballot Rules, but States Launch New Challenges
President Donald Trump’s effort to impose new requirements on mail-in voting cleared a major legal hurdle Wednesday when a federal judge lifted a nationwide injunction against the U.S. Postal Service, but a new lawsuit from nearly two dozen states has immediately put the fate of the rules back in question ahead of November’s midterm elections.
U.S. District Judge Indira Talwani in Massachusetts removed the nationwide injunction that had prevented the Postal Service from carrying out key elements of Trump’s March executive order, eliminating one of the most significant legal barriers facing the administration’s election-related changes.
The decision came just two days after the Supreme Court lifted a separate injunction involving the same executive order. The high court, however, did not determine whether Trump’s policy itself is legally valid.
Instead, the justices concluded that the earlier lawsuit had been brought prematurely because the Postal Service had not yet completed the rule implementing Trump’s directive. The ruling specifically left states free to bring another challenge once the agency issued its final regulations.
That legal opening was quickly put to use on Wednesday.
A coalition consisting of 24 states and the District of Columbia filed suit challenging the Postal Service’s finalized rule, according to Axios. The states contend that the federal agency lacks the legal power to impose the requirements on elections administered by individual states.
Pennsylvania Gov. Josh Shapiro joined the latest challenge, announcing Wednesday that he was suing the Trump administration over what he described as an unconstitutional effort to alter election procedures and limit mail-in voting.
“Donald Trump does not run elections here in Pennsylvania — or in any state,” Shapiro said after Monday’s Supreme Court ruling, pledging that the legal challenge would continue.
The new lawsuit represents a significant shift in the litigation. Rather than attacking Trump’s executive order before the administration had put it into effect, the states are now directly challenging the Postal Service regulation created to implement it.
Trump signed the executive order on March 31, instructing several federal agencies to make changes involving the handling of mail ballots and expand federal involvement in election-related procedures.
Among its provisions, the order instructs the Department of Homeland Security to assemble and provide states with lists of confirmed U.S. citizens who will be at least 18 years old by the federal election and reside within each state. It also directs the Justice Department to prioritize investigations and possible prosecutions involving ballots allegedly cast by ineligible individuals and orders the Postal Service to establish additional requirements governing the processing and delivery of mail ballots.
Under the Postal Service’s finalized regulation, states would face requirements involving standardized designs for ballot envelopes as well as state-specific lists identifying individuals receiving mail ballots.
The Trump administration has characterized the measures as safeguards intended to bolster election security while improving the handling and tracking of ballots sent through the mail.
The states suing to stop the rule contend that the Postal Service has exceeded its authority and that the federal government is improperly inserting itself into election procedures traditionally overseen primarily by the states.
Litigation over the issue began soon after Trump issued the executive order.
Talwani initially blocked important portions of the directive in June. She subsequently issued a nationwide injunction in August barring the Postal Service from putting the mail-voting provisions into effect for the November midterms.
In a separate lawsuit filed by Pennsylvania and other states, the Supreme Court voted 6-3 on Monday to lift another injunction against the administration.
The majority concluded that the states had gone to court too soon because Trump’s executive order had not itself forced them to alter their election systems and the Postal Service had not yet finished developing its regulations.
At the same time, the Supreme Court made clear that states could return to court once the Postal Service completed the rulemaking process.
“If the Postal Service’s final rule harms the States, they may challenge that rule,” the Supreme Court said.
With the Postal Service rule now finalized, the states are doing precisely that, setting up another round of litigation as election officials move closer to important deadlines for November.
Several states are scheduled to begin distributing mail ballots in September, giving courts only a limited amount of time to address the latest lawsuit while leaving election officials uncertain about which procedures will ultimately govern the midterms.
Shapiro has maintained that Pennsylvania will continue using its existing mail-voting procedures for the 2026 midterms while the litigation plays out.
His position highlights the uncertainty that remains despite Wednesday’s ruling. Although the decision removes the current obstacle preventing the Postal Service from proceeding, it does not ensure that Trump’s new requirements will actually be in force when voters cast ballots in November.
Another injunction could once again halt implementation, while subsequent appeals could eventually return the dispute to the Supreme Court.
The rapidly approaching election calendar could also pose practical difficulties for state and local election officials if requirements are altered after ballots have already been prepared or sent to voters.
Justice Ketanji Brown Jackson, dissenting from Monday’s Supreme Court decision, warned that the ruling could contribute to “pre-election chaos,” arguing that states and voters need certainty regarding the procedures that will apply during the election.
For the moment, the Trump administration has succeeded in removing a major judicial roadblock standing in the way of its mail-ballot initiative.
But with 24 states and the District of Columbia now mounting a fresh challenge to the finalized Postal Service regulations, the fight has simply shifted to a new legal battlefield — and whether Trump’s mail-ballot rules will ultimately govern the November midterms remains unresolved.
{Matzav.com}
