Trump administration seeks Supreme Court review of mail ballot restrictions

The Justice Department filed a new petition with the Supreme Court on Sunday asking the high court to stay a district-court order that halted the Postal Service’s recently issued mail-ballot directives. The order, issued by U.S. District Court Judge Indira Talwani, prevents the Postal Service from enforcing an executive order issued by President Donald Trump that would tighten requirements for mail-in voting in the November elections.

"Ballots have already begun to be mailed in North Carolina, and more States will begin the mailing process as the injunction remains in place — including Alabama on September 9 and at least five States the week of September 13," Solicitor General John Sauer said in the filing.

"Once those ballot envelopes enter the mailstream, there is no retrieving them. And while the injunction allows the Postal Service and the States to continue taking steps to ensure that their envelopes satisfy the Rule’s requirements ... each day the injunction is in place risks sowing confusion and chaos because the injunction makes those preparatory steps voluntary, rather than mandatory."

The filing marks the administration’s third attempt to have the Supreme Court intervene. While the Court has allowed the Postal Service’s plan to proceed, it has not yet ruled on its legality. Election officials and voting-rights groups argue that the changes lack sufficient time for implementation and may violate constitutional protections, whereas the administration describes the measures as “commonsense” regulations within its authority.

"Simply put, the best way to address respondents’ fears about inability to comply with the Rule is to grant an immediate administrative stay of the order, followed by a full stay pending further review," Sauer added. "That will remove the improper cloud of uncertainty that the district court has cast over the Rule, making clear to all involved that compliance with the Rule is not optional and must start without further delay."

The petition notes that eligibility for mail-in and absentee voting will continue to be determined by state law and local officials, and that the Postal Service will not be involved in voter eligibility, maintaining voter rolls, or counting ballots.