DOJ Fights to Reinstate USPS Mail-Ballot Rule to Safeguard Election Integrity Before Midterms
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The Justice Department has petitioned the Supreme Court to lift a district court order blocking a crucial new Postal Service regulation on mail-in ballots, emphasizing the rule is essential to prevent voter fraud and protect the legitimacy of the November elections.
The Justice Department has urgently petitioned the Supreme Court, seeking an immediate stay of a temporary restraining order issued by U.S. District Judge Indira Talwani that is currently blocking key provisions of a vital new Postal Service rule on mail-in ballots. The administration argues that the rule, finalized in late March, is absolutely necessary to prevent rampant voter fraud and to give states time to comply before the November 2026 midterm elections.
'With respect to the November 2026 election, the order thus partially nullifies the Postal Service’s efforts to address the risk that the federal mails will be used to perpetrate voter fraud, a particularly pernicious species of fraud that dilutes the votes of lawful voters, prevents election results from reflecting the will of the American people, and undermines ‘public confidence in the integrity of the electoral process,’' wrote Solicitor General John Sauer in the filing.
Talwani’s order, which allows states to continue preparing ballot envelopes voluntarily, is being criticized by the Justice Department for creating confusion and potentially leaving states dangerously unprepared. The judge previously ruled that the rule would require states to obtain USPS approval for ballot designs and upload voter data to a new electronic portal, steps she claimed were impossible to complete before the election deadline—an argument that ignores the urgent need for secure and standardized ballot procedures.
The district court’s finding that the rule is likely unconstitutional, on grounds that it usurps state authority over elections without congressional approval and imposes an 'impossible' compliance timeline, is being challenged by the government. Many states have already begun mailing ballots, with some required to start as early as next week, but the urgency of protecting election integrity must take precedence.
The government maintains that the regulation simply codifies existing USPS recommendations that many states have already adopted and does not amount to a federal takeover of elections. The changes are described as 'modest,' and the government argues that the plaintiffs’ claims are without merit and only serve to weaken vital election safeguards.
The Supreme Court’s earlier decision to overturn Talwani’s previous injunction, citing that the rule had not yet been finalized, does not resolve the current request for a stay. The case will continue through the appellate process, with the security of America’s elections at stake.