u. s. postal service

Supreme Court halts Trump’s proposed limits on mail ballots for this year’s elections

The Supreme Court has blocked President Trump’s plan to restrict voting by mail, ruling it is too late to impose new postal service rules for the November election.

The justices on Monday turned down an emergency appeal from Trump’s lawyers, who argued the government needed a new and untested system of unique bar codes to track all the ballots of the tens of millions of people who vote by mail.

Instead, the justices left in place a judge’s order that prevents the U.S. Postal Service from enforcing the new rules for the midterm elections.

Concurring, Justice Brett M. Kavanaugh agreed it was too late to enforce the new rules for this election.

Justices Samuel A. Alito Jr. and Clarence Thomas dissented.

The decision in USPS vs. California is a victory for California Atty. Gen. Rob Bonta and the attorneys general for 22 other Democratic-led states who sued to block the new rules.

Last week, they warned there would be chaos and confusion if Trump’s rules were put in effect now.

Bonta cheered the decision late Monday, calling it “a victory for our democracy and a powerful affirmation of the rule of law” in a case where the stakes “could not have been higher.”

“Voting is the fundamental right from which all other rights flow, and all 50 states allow ballots to be cast by mail in some form. In California and several other states, mail voting is the primary way elections are conducted,” Bonta said. “Had this rule been allowed to take effect, the consequences would have been catastrophic.”

He said his office “will remain vigilant in safeguarding our elections,” and urged voters to make their voices heard.

Under the proposed rules, state and county election officials across the nation would be required to enroll each voter with a unique bar code and submit this data to a new online portal that, as of last week, was not yet functioning.

Without the individualized bar codes, states could not send ballots through the mail. In California, that would mean election officials would have to enroll 23 million voters with new bar codes before state ballots could be mailed.

“Compliance with the 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 state attorneys general told the court last week.

The impact would not be limited to Democratic-leaning states. Utah Lt. Gov. Deidre Henderson said it would be “an unmitigated disaster” if the new rules were put into effect now. About 30% of the nation’s voters — and 80% of Californians — cast ballots by mail in 2024.

But Trump has maintained, without providing evidence, that voting by mail leads to widespread cheating and fraud.

In March, he issued an executive order that called on the postal service to do more to “enhance election integrity.”

“Unique ballot envelope identifiers, such as bar codes, enable confirmation that only citizens receive and cast ballots,” he said.

Elections experts say there is no evidence of such widespread fraud, despite robust audits and other searches for it.

State attorneys general argued that the Constitution entrusts states, not federal officials, to conduct elections. While Congress may impose new rules, it is not done to limit voting by mail or to empower the postal service to do so, they said.

Trump and his lawyers maintained the administration had a duty to combat fraud, including in elections.

Solicitor Gen. D. John Sauer described the new rules as “modest measures that will help prevent and restrain potential gross abuses of the mails to perpetrate a fraud on the Nation.”

And he said the federal government, the states and the voting public would face irreparable harm if the new Postal Service rules were not allowed to be applied to the coming election.

But U.S. District Judge Indira Talwani, in Boston, ruled the postal service may not put its new regulations into effect for the Nov. 3 election. She found the Trump administration had presented no evidence to the court of widespread fraud existing, while the states had presented ample evidence that implementing such a system on such a fast timeline posed tremendous risk.

The 1st Circuit Court affirmed her order and said the administration’s lawyers “have not even seriously challenged the … detailed findings about the chaos and widespread disenfranchisement that would occur between now and November 3 should the USPS rule take immediate effect.”

On Sunday, U.S. District Judge Carl Nichols — a Trump appointee — also blocked the new Postal Service rules from being implemented in separate cases brought by the NAACP and Democratic groups, finding they clearly exceeding the Postal Service’s authority in elections.

What the future will hold is unclear. The courts did not declare the new rules to be illegal or unconstitutional, though multiple lower courts have suggested that parts of the plan likely would be — including by exceeding the Postal Service’s authority to intervene in elections.

Much of the debate before the appellate and high court related to the rushed timeline under which the Postal Service was seeking to implement the changes. With that set aside by the Supreme Court’s ruling that the rules will not apply this election, the debate in the lower courts may shift focus to whether the new regulations can be applied to the 2028 elections.

Nevada Secretary of State Cisco Aguilar, chair of the Democratic Assn. of Secretaries of State, said the high court’s ruling was a clear loss for Trump, and that state election officials are ready to continue their fight to protect U.S. elections if necessary.

“This ruling affirms what our Constitution has always held: Elections belong to the American people, not a desperate man in Washington,” he said.

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Appeals court hands Trump a loss on mail voting as Supreme Court considers his executive order

Nicholas Riccardi and Lindsay Whitehurst

An appeals court on Thursday upheld a block on President Trump’s executive order limiting mail voting, a decision that comes as the Supreme Court considers the same case and states have already started sending out ballots for the high-stakes midterm elections.

The three-judge panel refused to lift a preliminary injunction against the order issued last week by U.S. District Judge Indira Talwani. It prohibits the U.S. Postal Service from implementing Trump’s directive. The Postal Service has said it would not deliver ballots from states that did not pre-clear their envelope design with the federal government and submit a list of voters to an online portal, which has yet to be activated.

Election officials warn that it’s impossible to comply with those terms, especially with the first mail ballots already being sent out in Alabama, North Carolina and Wisconsin.

The panel of three judges nominated by former President Biden agreed with the plaintiffs that the president does not have the power to regulate states’ election policy.

“Appellants have not made a strong showing that the district court erred in determining that the Final Rule is likely unlawful,” they wrote, a reference to a rule published by the Postal Service to implement Trump’s order.

The panel wrote that the Trump administration had done little to dispel arguments by many election officials that the changes would bring “chaos and widespread disenfranchisement.”

“Indeed, appellants have not even seriously challenged this aspect of the district court’s ruling, much less demonstrated why it is clearly erroneous,” the order states.

The government also hasn’t shown evidence of past fraud to justify the restrictions, the judges said.

A request for comment from the White House was not immediately returned.

The panel’s decision comes even as the Supreme Court is already considering the same case, which is part of a frenzied legal rush as states are beginning to send out mail ballots for this fall’s midterm elections. Democrats and civil rights groups in a separate lawsuit in Washington, D.C., also are trying to halt the executive order.

The 1st Circuit also had upheld a previous hold Talwani placed on the executive order. But that ruling was lifted by the Supreme Court in a procedural decision that did not determine whether the plan was constitutional.

The plaintiffs swiftly filed new lawsuits after the Postal Service finalized its rule governing mail ballots.

Riccardi and Whitehurst write for the Associated Press.

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Trump administration makes another appeal to the Supreme Court to allow mail ballot restrictions

Lindsay Whitehurst and Gary Fields

The Trump administration on Sunday renewed its appeal to the Supreme Court after a federal judge blocked new restrictions on mail ballots ahead of the midterms.

The filing came after U.S. District Court Judge Indira Talwani extended an order against the U.S. Postal Service enforcing President Trump’s executive order for the November elections.

The legal wrangling comes even as states start sending out mail ballots, leaving the administration little time to make big changes in mail ballot rules.

“Ballots have already begun to be mailed in North Carolina, and more States will begin the mailing process as the injunction remains in place — including Alabama on September 9 and at least five States the week of September 13,” Solicitor Gen. John Sauer said in the filing.

“Once those ballot envelopes enter the mailstream, there is no retrieving them. And while the injunction allows the Postal Service and the States to continue taking steps to ensure that their envelopes satisfy the Rule’s requirements … each day the injunction is in place risks sowing confusion and chaos because the injunction makes those preparatory steps voluntary, rather than mandatory.”

The appeal marks the third time the administration has asked the high court to intervene. The high court has allowed the plan to move forward but not ruled on whether it is legal.

The battle could have major ramifications for this year’s elections, when control of Congress is at stake. Nearly one-third of voters in the U.S. cast mail ballots. Mail ballots are sent to every California voter.

Democratic states and voting rights groups say the changes are unconstitutional and amount to voter suppression. Election officials contend that there isn’t enough time to revise their systems to comply with the new Postal Service directives.

The Trump administration has framed the restrictions as commonsense changes that are within its power to regulate the mail.

“Simply put, the best way to address respondents’ fears about inability to comply with the Rule is to grant an immediate administrative stay of the order, followed by a full stay pending further review,” Sauer said. “That will remove the improper cloud of uncertainty that the district court has cast over the Rule, making clear to all involved that compliance with the Rule is not optional and must start without further delay.”

Trump has long sought to limit mail voting, even though he himself often uses that method to cast his own ballot. He has falsely blamed mail balloting for his 2020 election loss to Democrat Joe Biden, spreading baseless claims of fraud. But so far, he has been unable to change the long-standing voting procedure.

Whitehurst and Fields write for the Associated Press.

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