WASHINGTON — The Trump administration filed an emergency appeal with the US Supreme Court on Sunday, seeking to reinstate executive order restrictions on mail-in voting ahead of the November midterm elections. The request comes just two days after a federal judge issued a temporary injunction blocking the US Postal Service (USPS) from enforcing the directives.
At the center of the dispute is US District Judge Indira Talwani’s Friday ruling, which restrained the implementation of the order. Talwani stated that the Trump administration’s directives, which would grant the federal government oversight over the handling of mail-in ballots, are likely unconstitutional. She emphasized that elections in the United States, including those for federal office, are administered by individual states.
Talwani also criticized the timing of the executive order, noting that with only two months remaining until Election Day, the policy threatens to disenfranchise millions of citizens who plan to vote by mail. Some states have already begun distributing postal ballots.
In its Sunday filing, the Trump administration challenged the district court’s assessment. Solicitor General John Sauer, who represents the federal government before the Supreme Court, argued that the Postal Service’s final rule imposes only “modest envelope-design and addressee-information requirements” for federal-election ballots sent via U.S. Mail.
“Contrary to the claims of the district court and respondents that the Postal Service is trying to federalise the rules for mail-in voting, the Postal Service’s final rule imposes only modest envelope-design and addressee-information requirements,” the filing stated. Sauer maintained that the order does not seize control of states’ rights to administer elections but rather establishes “reasonable preparation requirements.”
According to the administration’s filing, the rule requires states to upload recipient name, address, and barcode information into an online portal—details that election officials already possess to mail ballots. “The Rule ensures that States remain responsible for determining voter eligibility and eligibility to vote by mail, and it does not dictate ballot content, mailing or receipt deadlines, or ballot-counting procedures,” Sauer wrote.
Supreme Court Justice Ketanji Brown Jackson has set a Wednesday deadline for responses to the administration’s request. This marks the third time the Trump administration has asked the high court to intervene. The Supreme Court recently permitted the plan to proceed but did not rule on its legality.
The outcome could have significant implications for the November election, with control of the US Congress at stake. Despite having voted by mail himself, Trump has historically sought to restrict mail-in voting, baselessly claiming it is susceptible to fraud. Opponents argue the president’s motivation is political, suggesting Democrats utilize mail-in ballots more frequently than Republicans.
Data from the States United Democracy Center indicates that mail voting is common across party lines. Their analysis found that one in four registered Democrats and one in five registered Republicans cast their ballots by mail during the 2024 presidential election.
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