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DOJ Appeals to Lift Block on Mail-In Voting Rule

DOJ Appeals to Lift Block on Mail-In Voting Rule

Left: DOJ Appeals Rule
  • The U.S. Department of Justice appealed on August 28, 2026, to lift the restraining order blocking mail-in voting rule weeks before overseas ballots are due.
  • Judge Indira Talwani emphasized Constitution gives election-regulating power to states and Congress, not president, finding no statutory authority for Trump administration’s order.
  • The rule mandates barcode envelopes and voter-list approval, officials say compliance impossible.
  • Mail-vote-heavy states such as Washington and Oregon risk election cancellation under the rule.
Right: Talwani Halts Rule
  • U.S. District Judge Indira Talwani granted a 14-day restraining order on August 28, 2026, halting the USPS’s mail-in voting rule for the November 2026 midterms.
  • The order was presented as a pause on officials’ claim of an unlawful power grab threatening mail-in voting.
  • The rule would require states to upload lists and use barcoded envelopes for mail ballots.
  • Judge Talwani noted no fraud evidence; a hearing on the injunction is set for September 3.
Center: Talwani Blocks Rule
  • U.S. District Judge Indira Talwani issued a 14-day restraining order on August 28, 2026, blocking Postal Service from enforcing mail-in voting rule for November 2026 midterms.
  • Twenty-four state attorneys general and District of Columbia sued, saying the rule violates Constitution and Voting Rights Act.
  • The Justice Department said the rule adds information requirements without replacing state election laws.
  • The Supreme Court stayed an injunction on the order recently, without ruling on merits.
Blindspot
  • The Department of Justice filed an appeal on August 28, 2026, seeking to lift the temporary restraining order that blocks the new mail-in voting rule.
  • Within this story's sources, this angle appears mainly in Left-leaning coverage and receives less attention in Center- and Right-leaning coverage.
Historical Context

Congress passed the Help America Vote Act in November 2002, creating the Election Assistance Commission and earmarking $3.9 billion to upgrade voting equipment. The law’s funding, cited by the Justice Department, coincided with the Postal Service processing more than 120 million mail ballots each election. In 2026 Judge Indira Talwani blocked the USPS barcode-envelope rule, showing how the act’s early-century reforms still drive federal-state voting disputes.

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