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Trump Administration’s Mail-In Voting Plan Blocked by Supreme Court

By Drooid · · How we work

Supreme Court Blocks USPS Rule Ahead of Midterms

On September 15, 2026, the U.S. Supreme Court issued an unsigned emergency order that left in place a lower-court injunction preventing the Postal Service from enforcing a new set of mail-ballot restrictions for the November 3 midterm elections. The blocked rule would have required states to submit voter-eligibility lists to an online portal, use standardized envelopes with unique barcodes, and allowed the USPS to reject ballots that did not meet those specifications.

Legal and Policy Background

  • March 2026 – President Donald Trump signed an executive order directing the USPS to develop a system for screening mail ballots and to require states to create lists of eligible voters.
  • June 2026 – U.S. District Judge Indira Talwani issued a preliminary injunction, finding key provisions of the order unconstitutional.
  • The Supreme Court later reinstated the block when the administration sought emergency relief.

Key Figures

  • Donald Trump – President and author of the executive order.
  • Brett Kavanaugh – Justice who wrote a concurring opinion.
  • Samuel Alito and Clarence Thomas – Justices who filed a dissent.
  • Indira Talwani – Judge who issued the original injunction.

Data & Statistics

  • Roughly one-third of U.S. voters use mail ballots, a share that has been stable since 2024.
  • The Brookings Institution reported in 2025 that mail-ballot fraud occurred in about four cases per 10 million ballots cast.

Official Statements & Responses

  • The Court’s order noted a low likelihood of success on the merits, without detailed reasoning.
  • Justice Kavanaugh warned that applying the rule for the 2026 elections would be “arbitrary and capricious” under the Administrative Procedure Act because officials lack sufficient time to implement it.
  • Solicitor General D. John Sauer argued the rule is “plainly constitutional” and imposes only “modest” requirements, asserting statutory authority for the Postal Service to regulate mail.
  • Election officials in several states testified that the deadline left no realistic path to redesign envelopes or build the required portal.
  • California officials called the decision a “victory for our democracy” and urged voters to proceed without fear.

Conflicting Reports & Gaps

  • Some outlets reported a 7-2 split on the order, while others noted the decision was unsigned with only a brief concurrence; the exact vote count was not disclosed.
  • The administration has not produced public evidence of widespread mail-ballot fraud; the Brookings estimate remains the most concrete statistic cited.

Verbatim Quotes

  • “But applying the rule in the 2026 elections would be arbitrary and capricious in violation of the Administrative Procedure Act because state and local election officials do not have sufficient time to reasonably implement the rule before the elections,” — Justice Brett Kavanaugh

What’s Next

  • The underlying legal challenge continues in lower courts, so the USPS rule could be revisited for future elections.
  • States will proceed with existing mail-ballot procedures for the November 3 midterms, while officials monitor the Postal Service’s portal development for any operational issues.