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California, other states warn Supreme Court of ‘chaos’ if it lets USPS mail ballot rules stand

California and nearly two dozen other states warned the U.S. Supreme Court Wednesday that allowing the U.S. Postal Service to move forward with President Trump’s new rules for mail ballots in the November election would cause “chaos” and could disenfranchise millions of eligible voters.

“In some States … compliance with USPS’ rule would be impossible ahead of the midterms, meaning that millions of voters would be unable to vote by mail and some would not be able to vote at all,” the states argued. “In the remaining States, there would be chaos — and a significant risk that millions more voters would be denied the ability to vote.”

The Democrat-led coalition — which includes California, 23 other states and the District of Columbia — also cited objections from lower-ranking state and elections officials in conservative states that have not objected to the Postal Service’s position, including the lieutenant governor and other officials in Utah saying implementation of the new rules would “be an unmitigated disaster.”

Similar warnings have emanated from Florida, Ohio, Texas and Wisconsin.

“Whatever else may be said of USPS’ new rule, it would wreak havoc on States and their voters if it takes effect at this late point,” the Democrat-led states wrote, pointing out that some States, including North Carolina and Wisconsin, have already begun to mail out ballots.

The states’ arguments were in response to the Trump administration over the weekend filing an emergency appeal to the high court, asking it to overturn a lower-court ruling halting the plan from being implemented for the Nov. 3 election.

The new rules — developed in response to a March executive order from Trump — require states to submit their complete voter lists to the Postal Service, and to adopt new ballot envelopes with individualized voter bar codes designed by the Postal Service. They require the Postal Service to then reject any mail ballots that don’t match those lists.

Trump’s order also directed the Department of Homeland Security to develop its own list of eligible citizen voters, ostensibly to be compared against the state lists.

Trump and other supporters of the changes — including top officials from a dozen Republican-led states — argue they are necessary to prevent widespread voter fraud, including by non-citizens. Elections experts say there is no evidence of such widespread fraud, despite robust audits and other searches for it.

The Democrat-led states sued to block the changes on multiple grounds, including that neither Trump nor the Postal Service have any authority to regulate state-run elections, that the changes would illegally prevent eligible voters from casting ballots, and that the timeline imposed by the new rule — formally issued by the Postal Service on Aug. 21 — made compliance by November impossible.

Independent voting rights groups also sued, alleging the new rules threatened to disenfranchise voters and make their work educating voters on their options for casting a ballot impossible to carry out.

A Postal Service whistleblower recently added skepticism to the agency’s ability to implement the new rules on its end, alleging in a statement published by congressional Democrats that the agency’s online portal for verifying ballots was built in a “slapdash” manner, is “fundamentally flawed” and threatens as built to reject thousands of ballots if just a single one cannot be properly read.

Last week, U.S. District Judge Indira Talwani granted requests from the states and the independent groups to halt the plans from being implemented nationwide, issuing a preliminary injunction requiring the Postal Service to cease all work on them.

The Trump administration then bypassed the U.S. 1st Circuit Court of Appeals to ask the Supreme Court for relief from Talwani’s order.

Solicitor Gen. D. John Sauer, the administration’s top litigator, argued that the warnings from states that the changes are unworkable, represent an overreach of federal authority or would cause chaos in November are all baseless.

“The Rule ensures that States remain responsible for determining voter eligibility and eligibility to vote by mail, and it does not dictate ballot content, mailing or receipt deadlines, or ballot-counting procedures,” Sauer wrote. “The Rule thus plainly does not seize control of States’ administration of elections — it simply imposes reasonable preparation requirements for certain election-related mail.”

Sauer argued that if the court does not allow the changes to proceed, it would cause “serious irreparable harm on the federal government, the States themselves, and the voting public” by “nullifying the Postal Service’s efforts to address the risk that the federal mails will be used to perpetrate voter fraud.”

Experts have consistently rejected those claims — including in their own filings before the high court.

Rick Hasen, director of the Safeguarding Democracy Project at UCLA Law, joined three other election experts to argue to the lower court that the Trump administration’s claims of injury were “speculative and weak.” They noted that the administration had “offered no evidence” in court that the new rules would “stop any appreciable amount of voter fraud or even that voter fraud through the mails is a widespread problem that USPS should address.”

Meanwhile, they wrote, there was “undisputed evidence” presented to the lower court that the Postal Service is “still not prepared to implement its new rule or do so accurately and efficiently, even as states have begun mailing out their ballots,” and that the “harm to the states and to voters is enormous, as the rule threatens to disenfranchise millions of elderly voters, disabled voters, military voters and all others including the most vulnerable who depend on mail voting, in both red and blue states.”

The Democrat-led states also noted that the Trump administration hadn’t proven that widespread voter fraud is a legitimate threat, but had shown it is ill prepared itself to implement the changes without causing widespread disruption — as evidenced in part by the whistleblower’s claims.

It’s unclear when the Supreme Court will rule, though a relatively quick decision is expected given the emergency nature of the appeal.

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California, other states sue again to block new U.S. Postal Service rules for mail ballots

California and a coalition of other Democratic-led states sued again Wednesday to block the U.S. Postal Service from implementing new nationwide rules for mail ballots, arguing they usurp state authority over elections at President Trump’s behest, expose voter information unnecessarily and threaten chaos in the rapidly approaching November election.

The Postal Service formally issued a 95-page “final rule” on Friday asserting that it was amending its mailing standards for mail ballots in federal elections to comply with Trump’s March executive order.

Trump demanded the rule changes as part of a broader plan to combat what he alleges — without evidence — is widespread voter fraud in the U.S., including by noncitizens voting through the mail. Election experts say there is zero evidence of such problems existing at scale.

“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,” California Atty. Gen. Rob Bonta said in a statement.

“Donald Trump does not run elections. States do. And his latest attack on democracy is proof of how weak he has become,” said Gov. 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 new postal rules require states to submit lists of eligible voters — including their names and addresses — to the Postal Service, and to use new ballot envelopes with digital barcodes that would allow the Postal Service to identify and reject ballots that don’t match those lists.

The rules do not give the Postal Service authority to dictate which voters may appear on state lists. However, the rules do acknowledge that the lists would provide state voter data to federal law enforcement for the first time, and would put those authorities in “a better position to identify any potential issues regarding compliance with federal law that may merit further investigation.”

Trump’s March executive order also required the Department of Homeland Security to use available federal data to compile its own state lists of eligible citizen voters, ostensibly to compare them with the mail voter lists provided by the states to the Postal Service, and identify and pursue any ineligible voters.

Wednesday’s lawsuit follows a Monday decision by the U.S. Supreme Court that found an earlier challenge from the states was premature, in part because it sought court relief to a rule-making process that required nothing of the states and before the Postal Service had moved to implement any changes.

“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,” Bonta said.

The White House did not immediately respond Wednesday to a request for comment on the latest lawsuit.

However, it has defended Trump’s executive order as overdue and badly needed to secure U.S. elections, and hailed the Supreme Court’s ruling allowing the rule-making to proceed as “a major win for the security of American elections.”

“These are commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders,” White House spokeswoman Lauren Bis said.

The high court allowed the Postal Service to move forward with its work to comply with Trump’s order, but explicitly noted that it had reached no conclusions as to the legality of the pending rules.

Trump administration officials have said they are pursuing fraudulent voters, and have warned state election officials that they could face legal consequences personally if they don’t do everything in their power to prevent voter fraud, including by noncitizens.

Critics contend Trump’s executive order was devised as an end run around laws and a slew of recent court rulings blocking the Trump administration’s demands for state voter rolls — which states, including California, have refused to provide.

States have argued the administration’s demands are in bad faith, intended to bolster Trump’s baseless claims that U.S. elections are compromised rather than enhance election security.

In issuing its new rules, the Postal Service rejected a slate of concerns from critics who submitted comments on the proposed rules, including that the changes are being proposed far too close to the November election and will cost states and localities a huge amount of money to comply with.

It also rejected concerns that creating a single nationwide voter database — which has never existed before — will provide a massive new target for foreign adversaries and other bad actors interested in disrupting U.S. elections.

The Postal Service concluded that the cost to the states is outweighed by the benefits of the changes. It said it has sufficient staffing to implement the changes, and is ready to safeguard the database it builds using “multi-layered security controls.”

The lawsuit, brought by 24 state attorneys general and the governor of Pennsylvania, asks for immediate court intervention to halt the Postal Service changes from being implemented while the litigation continues.

“Let’s be clear: the U.S. Constitution gives states the power to regulate elections — not the President and not USPS,” Bonta said. “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.”

Independent voting rights groups have also sued to block the Postal Service rules from being implemented.

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Paramount demands $1.9 billion from states, citing Warner deal delays

David Ellison’s Paramount Skydance has asked a judge to force California Atty. Gen. Rob Bonta and his coalition of 11 other states to prepare to set aside as much as $1.9 billion as the Warner Bros. Discovery merger challenge heads into overtime.

In Monday’s court filing, Paramount requested the plaintiff states, including New York, Colorado, Oregon and Nevada, as well as the Writers Guild of America, post a bond that would cover the “ticking fees” Paramount promised to pay Warner shareholders should the deal stretch beyond its anticipated September close.

Ellison was confident his proposed Warner takeover would sail through its regulatory clearances. President Trump’s Justice Department approved the merger in June, as have dozens of other countries.

The states would not be required to pay the full $1.9 billion upfront. Instead, they would have to come up with a portion of that amount by Sept. 30. Should the Democrat state attorneys general and WGA lose their lawsuits, they would ultimately have to pay the full amount.

Monday’s court filing highlights Ellison’s frustrations and the financial pressures that deal delays will bring the media company. The filing also continues Paramount’s full-court political pressure campaign to get Bonta and the other states to abandon their antitrust lawsuit.

Paramount did not expect such a spirited challenge from Bonta and the 11 other Democratic state attorneys general who banded together with the WGA to try to block the $111-billion merger of two historic Hollywood studios.

Paramount’s 23-page filing, signed by former high profiile federal prosecutor Danielle Sassoon, was intended to rattle the states.

Paramount is trying to create divisions among the plaintiff states by prompting them to question their resolve in fighting a protracted and potentially expensive legal battle, according to a person familiar with Paramount’s strategy who was not authorized to speak publicly.

Because WGA has separately sued to unravel the deal, Paramount has asked the judge to have the union post a bond to cover some of the costs, too.

In its motion, Paramount cited the Clayton Antitrust Act, which is the foundation for Bonta’s lawsuit. The law carries a provision to require plaintiffs to post a bond to cover the potential financial harms of halting a transaction.

The bond gives a defendant, in this case Paramount, a way to recover lost funds should they ultimately prevail in court.

U.S. District Judge Araceli Martínez-Olguín will be asked to rule on the request during a Wednesday court hearing.

“We have satisfied all closing conditions under our merger agreement, having received regulatory clearances from 68 jurisdictions,” Paramount said in a statement. “These two lawsuits are the only barrier to closing this transaction.”

Paramount is incurring considerable legal fees and deal-related costs.

The company cited a potential eight-month merger delay because Martínez-Olguín scheduled the trial for March 2. If the case goes to trial, it might not be decided until next May.

At issue are the “ticking fees” that Paramount in February agreed pay to Warner investors should the merger be delayed . Paramount agreed to pay $.25 a share for every quarter until the acquisition finalizes.

The fees add up to $7 million a day, or $650 million per quarter.

Paramount is facing a June 4 deadline to close the deal. That’s when Warner Bros. Discovery can demand a $7-billion break-up fee.

Paramount wants to get the deal done as soon as possible, and with the approval of Mexican regulators last week, only Bonta and the states’ lawsuit stands in their way.

Paramount also is cognizant of shifting winds in Washington should Democrats regain control of Congress in November, which could bring fresh scrutiny to the merger .

Ticking fees weren’t the only costs of the extended timeline.

“There will be no integration and no ramped-up investment in content, production, and creative talent by the combined company,” Paramount said . “Employees of both Paramount and WBD are also harmed by the uncertainties caused by the delay.”

Last week, the Directors Guild of America and the International Alliance of Theatrical Stage Employees — which represent a combined 200,000 union members — waded into the clash over the merger, which continues to carve deep divisions throughout the industry.

“We remain confident that plaintiffs’ case is without merit and will defend our pro-competitive transaction in court,” Paramount said. “We look forward to closing this transaction and delivering its benefits to consumers and entertainment industry workers in California, the United States and around the world.”

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Trump again asks Supreme Court to save USPS mail ballot plan after second lower court loss

The Trump administration again on Wednesday asked the U.S. Supreme Court to intervene — and fast — to save President Trump’s plan for the U.S. Postal Service to place new nationwide limits on mail voting ahead of the November midterms.

It did so after a lower court judge blocked the Postal Service plan from moving forward for a second time on Tuesday.

Solicitor Gen. D. John Sauer wrote to the high court that if it does not act quickly to lift both of the lower court’s “erroneous” rulings blocking the plan, those orders “will effectively run out the clock on the government’s ability to implement” the changes in time for the November election, “thereby causing irreparable harm to the federal government, the public, and election integrity.”

Sauer’s latest argument was filed in an emergency case already before the Supreme Court, in which the Trump administration is challenging a June decision blocking the Postal Service’s rule changes by U.S. District Judge Indira Talwani.

Talwani, an appointee of President Obama, ruled in favor of California and 22 other states that had challenged the new rules as coming far too late in the election year to be implemented without causing significant disruptions and harming voters. That decision, which was upheld by an appellate court in July, had barred the new measures from being implemented in the states that sued, but not elsewhere.

However, Sauer filed his latest argument in response to a second ruling by Talwani in a separate case Tuesday, in which she sided with the League of Women Voters and other voting rights groups to block the Postal Service plans from moving forward nationwide.

“That it is now less than 90 days before the November 3, 2026 midterm elections underscores the critical need for an injunction to prevent Defendants from changing election rules on the eve of the election,” Talwani wrote.

The court battle follows an executive order Trump issued in March, in which he called on the Postal Service and the Department of Homeland Security to ensure “citizenship verification and integrity in federal elections” by compiling their own state-by-state lists of citizens who are eligible to vote and then using those lists to restrict who may vote by mail in each state.

The order said the Postal Service “shall not transmit mail-in or absentee ballots from any individual unless those individuals have been enrolled on a State-specific list.”

The order was immediately slammed by Democratic attorneys general and independent voting rights groups as a ploy by the Trump administration to get its hands on state voter rolls, which it has failed to secure in separate legal challenges, and severely limit mail voting, which Trump has without evidence alleged is a major source of voter fraud.

California Atty. Gen. Rob Bonta helped lead the states’ lawsuit challenging Trump’s order, and has praised Talwani’s orders blocking it from taking effect. Bonta has said the law is clear that states control elections, not the federal government, and that Trump’s order is an illegal and dangerous power grab ahead of a pivotal election in which the president’s party is poised to lose power.

A spokesperson for Bonta’s office said it was aware of Sauer’s filing and considering “next steps” Wednesday.

The Trump administration’s appeal to the Supreme Court is limited in scope, in that it hinges on a technical argument that the challenges to the new rules are premature — and that the Postal Service should be allowed to continue preparing for the new rules to be implemented while the legal battle over their legality continues.

Sauer reiterated that argument in his filing Wednesday, asking the high court to not only issue its order soon, but to make clear in it that not one but both of Talwani’s orders are premature.

He wrote that courts cannot block the implementation of an executive order “that merely instructs agencies to pursue a proposed policy in a manner that is consistent with law,” particularly before those agencies “actually take concrete actions that injure” the groups suing to block the order.

Therefore, Sauer wrote, it would be “prudent” for the high court to make clear that it was halting Talwani’s first order “based on the uncertainty concerning the government’s future actions, not anything specific to the individual plaintiffs” — or, in other words, on grounds that would apply to her second order, too.

He wrote that it was “critical” that the court “act promptly.”

The states have asked the high court to block Trump’s order, which they said would deny mail ballots to “many of the millions of voters who rely on mail voting — especially voters with disabilities and those in rural areas.”

The League of Women Voters hailed Talwani’s order Tuesday as a win for voters and for the U.S. Constitution, which it said makes clear the president does not have the authority to rewrite election rules.

“Millions of Americans, including seniors, military voters, voters with disabilities, rural voters, and citizens living overseas, rely on voting by mail to participate in our democracy,” said Marcia Johnson, the group’s chief of activation and justice. “Today’s decision reaffirms that the rules governing our democracy must be set by the Constitution and the law, not by executive overreach.”

When the high court will rule is unclear, though the emergency nature of the appeal calls for a prompt response.

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