Sept. 3 (UPI) — The Trump administration is asking the Supreme Court to permit enforcement of its mail-in voting restrictions, arguing it will suffer irreparable harm because two states will begin sending ballots to voters before the block is to expire next week.
Filed Thursday by Solicitor General D. John Sauer, the request for an immediate administrative stay of the district court’s temporary restraining order comes in protracted litigation over a Trump administration rule giving the U.S. Postal Service authority to screen outbound mail-in ballots for compliance with envelope standards and verify recipients have been entered on their state’s USPS Mail-In and Absentee Participation list.
Last week, U.S. District Judge Indira Talwani in Massachusetts sided with the League of Women Voters in Massachusetts, which has been fighting the rule it says is unlawful and violates federalism principles of the Constitution, issuing a 14-day block against enforcing its key provisions while she considers the request to impose a longer, more restrictive preliminary injunction.
In his filing Thursday, Sauer argued that the federal government will be irreparably harmed if the restraining order is not lifted before North Carolina and Alabama send out their mail-in ballots next week, saying a court decision would come too late for those ballots.
“With respect to the November 2026 election, the order thus partially nullifies the Postal Service’s efforts to address the risk that the federal mails will be used to perpetrate voter fraud,” he said.
Sauer continued that despite Talwani’s order allowing the Postal Service and states to take steps to ensure their envelopes meet the rule’s requirements, her block “risks sowing confusion and chaos because it makes those preparatory steps voluntary, rather than mandatory.
“Thus, if the order is eventually stayed and the rule takes effect for this year’s elections — as should occur — there is a grave risk that states may not have taken the necessary steps to comply due to the false sense of latitude created by the court’s improper order, potentially depriving those states’ citizens of the ability to vote by mail,” he said.
Despite using the mail to vote himself, Trump has long been a critic of mail-in ballots, claiming them to be a source of voting fraud, though studies have found no evidence that mail voting produces higher overall rates of voter fraud.
The USPS rule is one of several actions Trump and his administration have taken ahead of November’s midterm elections, which the president has become increasingly focused on as he has warned Republicans that losing the House to Democrats could lead to his impeachment as well as investigations. While the moves generally have widespread Republican support, Democrats and critics say they are efforts to rig the midterms.
The new USPS rule being litigated comes in response to an executive order Trump signed in March to expand federal control over mail-in ballots, including authorizing the USPS not to send them to voters unless certain conditions are met.
Two weeks ago, the high court lifted an injunction blocking Trump’s mail-voting executive order, stating the challenge to the USPS provisions was premature as the agency had yet to issue a final rule. After the final rule was published Aug. 26, two dozen Democratic-led states and the District of Columbia sued, resulting in the two-week block the Trump administration is now contesting.