Trump Administration Requests Supreme Court Approval for Expanded USPS Mail-Ballot Rules
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The Justice Department asked the Supreme Court to grant the Postal Service authority to withhold delivery of mail ballots under new regulations, prompting a fast-track legal battle ahead of the November midterms.
The Justice Department filed an emergency petition with the Supreme Court on Thursday seeking an order that would allow the United States Postal Service to enforce new requirements on mail-ballot delivery. The request follows a March executive order that gave federal agencies a broader role in election-related mail handling and has been challenged by voter-rights groups and a coalition of 23 Democratic-led states.
The petition asks the Court, which has a 6-3 conservative majority, to intervene immediately and issue a short-term order permitting the Postal Service to implement the regulations. The administration described the rules as modest changes to envelope design and addressee information, stating that they "simply impose reasonable preparation requirements for certain election-related mail."
Under the proposed regulations, states would be required to submit lists of eligible mail voters through an online portal; the Postal Service could then refuse delivery of ballots for voters not on those lists. The rules also call for unique barcodes on each election-mail envelope. Critics argue that the timing—weeks before the midterm elections—could disrupt existing mail-ballot systems.
A lower court had issued a temporary block on the rule, which the administration says the Supreme Court can review despite the order not normally being appealable. Solicitor General D. John Sauer argued that the case warrants Supreme Court review. The Court has set a deadline for responses by Tuesday morning, indicating it may not act on the request immediately.
Democratic officials and voting-rights organizations contend that election administration is a state responsibility and that Congress has not granted the Postal Service authority to police state mail-ballot programs. The Justice Department counters that the Postal Service has broad authority to modify mail protocols, citing past changes involving the delivery of cremated remains and non-functional explosives.
A federal court in Boston later issued a temporary injunction against the administration’s plan. The Supreme Court’s upcoming decision will address one of the most significant election-related legal questions in recent years.