The U.S. Supreme Court rejected a request on Monday to allow the U.S. Postal Service to enforce a regulation targeting mail-in ballots, dealing a blow to President Donald Trump’s attempts to limit mail-in voting before the crucial November midterm elections that will determine control of Congress.
The justices declined the Justice Department’s plea to overturn a ruling by U.S. District Judge Indira Talwani in Boston that halted the U.S. Postal Service from implementing the regulation while legal battles by states and voting-rights organizations continue. The regulation was put in place following a March executive order by Trump aimed at tightening regulations on mail-in voting.
In a brief one-paragraph order, the court stated that the government is unlikely to prevail in challenging the District Court’s preliminary injunction. Justice Samuel Alito, along with Justice Clarence Thomas, dissented from the decision, likening some of the challengers’ arguments to a “Hail Mary pass” in football.
The new rule requires states to furnish lists of mail ballot recipients to the Postal Service and use approved outbound and return ballot envelopes with unique barcodes. The Postal Service could reject ballots that do not adhere to the new standards or are linked to voters not on the lists.
Critics have voiced concerns that the plan could disrupt the delivery of valid ballots as the November 3 midterm election nears and lead to chaos, especially with many states planning to mail out ballots to eligible voters.
U.S. District Judge Talwani issued an injunction on September 4, asserting that the rule likely violated the U.S. Constitution, which entrusts states with administering elections. Another federal judge, U.S. District Judge Carl Nichols in Washington, D.C., also ruled against the regulation.
Sophia Lin Lakin, voting rights project director at the American Civil Liberties Union, applauded the Supreme Court’s decision, stating that the administration is pushing the boundaries of its authority concerning election rules.
Trump’s executive order targeting mail-in ballots came after he frequently questioned their security, despite his own use of mail-in voting. The administration argued that the rule was necessary to prevent voter fraud.
The battle over mail-in ballots is part of a broader effort by the administration to increase federal involvement in voting ahead of the midterms. The Supreme Court had previously lifted an injunction in June blocking Trump’s executive order, including the USPS rule, before its finalization.