The Trump administration has asked the US Supreme Court for a third time to allow new restrictions on mail-in voting to take effect before November’s midterm elections, escalating a legal battle that could now be decided by the country’s highest court.
The emergency application was filed on Sunday, September 6, after a federal judge in Boston blocked the United States Postal Service from enforcing the measures while legal challenges continue.
The administration is seeking permission to introduce rules requiring states to meet new standards for ballot envelopes and provide voter information through a USPS online portal. It also wants the restrictions to operate immediately while the justices consider the case.
Solicitor General D John Sauer argued that the rule governs the handling of election-related mail rather than the administration of elections. The government maintains that the Postal Service has authority to impose preparation requirements as part of its responsibility for collecting, transporting and delivering mail.
The appeal follows a ruling on Friday by US District Judge Indira Talwani, who issued a preliminary injunction preventing the mandatory parts of the rule from being used in the November 3 election.
Judge Talwani said the states and voting rights organisations challenging the policy were likely to succeed. She found that Congress had not delegated its power over federal elections to the Postal Service and said the rule appeared to intrude on responsibilities reserved to Congress and the states.
The judge also rejected the administration’s contention that the measure was simply a postal regulation rather than an election rule. In her ruling, she said that characterisation did not reflect the practical effect of requiring election officials to obtain USPS approval for ballot envelopes and upload voter information before using the federal mail system.
The administration argues that the injunction risks confusion as states begin preparing and sending ballots. In its filing, Mr Sauer said ballots had already begun to be mailed in North Carolina, while Alabama was due to start on September 9 and at least five other states were expected to begin mailing ballots during the week of September 13.
He said that once ballot envelopes entered the postal system they could not be retrieved, and warned that leaving compliance with the new requirements voluntary could create uncertainty for election officials and voters.
Mail voting restrictions face Supreme Court test
The Supreme Court has previously allowed the administration’s plans to proceed at an earlier stage of the dispute, but it has not ruled on whether the Postal Service rule is lawful. The latest filing came after the lower court extended an earlier, shorter-term block before the justices had decided the administration’s previous emergency application.
Unlike ordinary appeals, emergency applications are generally decided on a rapid timetable without full briefing or oral argument. It is unclear when the justices will issue a ruling, although the approaching ballot-mail deadlines have increased pressure for a decision.
Democratic-led states and voting rights groups say the changes were imposed too close to the election and could prevent eligible voters from using mail ballots. The administration says the measures are lawful safeguards within the Postal Service’s remit.
