The Supreme Court has upheld a lower court injunction preventing the U.S. Postal Service from enforcing new mail-in ballot rules ahead of the midterm elections.
Key facts
- •The Supreme Court ruled that the government is unlikely to succeed on the merits of its challenge to the lower court's injunction.
- •The blocked regulations required pre-approval of ballot envelope designs and the use of a new online portal for voter information.
- •Mail ballots have already been distributed to voters in Alabama, North Carolina, and Wisconsin.
- •Justice Brett Kavanaugh noted that the timing of the rule's implementation would violate the Administrative Procedure Act.
- •A whistleblower report submitted to Congress warned that the rule could lead to the disenfranchisement of millions of voters.
The U.S. Supreme Court has rejected an effort by the Trump administration to implement new Postal Service regulations for mail-in ballots before the upcoming midterm elections. In an unsigned order, the court left intact a lower court's preliminary injunction that blocks the agency from enforcing the rules while legal challenges proceed. The court stated that the government is unlikely to succeed on the merits of its challenge to the injunction.
Details of the Blocked Regulations
The contested regulations, finalized in August, would have required all mail ballot envelope designs to be pre-approved by the Postal Service and mandated that states upload voter information into a new online portal. The Trump administration argued these measures were necessary to address potential fraud, with Solicitor General D. John Sauer characterizing mail-in voting as a risk that dilutes lawful votes. However, critics and election officials warned that the rules would be impossible to implement this close to the election, with some states already having distributed ballots.
Judicial Reasoning and Dissent
While the majority of the court upheld the injunction, Justices Samuel Alito and Clarence Thomas dissented, arguing that the states challenging the rules were unlikely to prove the policy was unlawful. Justice Brett Kavanaugh joined the majority but noted in a separate opinion that while the rule might fall within the Postal Service's statutory authority, enforcing it for the November midterms would be 'arbitrary and capricious' due to the insufficient time provided to state and local officials for compliance.
Legal Background
The Supreme Court's decision follows conflicting rulings in lower courts. U.S. District Judge Carl J. Nichols in Washington, D.C., issued a preliminary injunction against the rules, citing the risk that a significant number of ballots would not be counted if the regulations took effect. This followed an earlier legal battle involving U.S. District Judge Indira Talwani in Boston, whose initial freeze on the rules was previously lifted by the Supreme Court before the administration issued its final version of the policy.
Timeline
- MayU.S. District Judge Carl J. Nichols refused to issue an injunction, ruling the lawsuit was brought too early.
- August 21The U.S. Postal Service issued the new regulations regarding mail-in ballot envelopes and online portals.
- Late SundayJudge Nichols issued a preliminary injunction blocking the enforcement of the new Postal Service rules.
- MondayThe Supreme Court rejected the administration's effort to move forward with the rules, keeping the injunction in place.
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This article was independently rewritten by ManyPress editorial AI from reporting originally published by ABC News Politics, CBS News Politics.
