The Supreme Court on Monday refused to let the Trump administration enforce a Postal Service rule on mail ballots during the 2026 midterm elections. The order came on the emergency docket in U.S. Postal Service v. California, No. 26A305. It was unsigned, and it said the government was unlikely to succeed on the merits. Justices Samuel Alito and Clarence Thomas dissented; Alito wrote that the Postal Service has broad authority to regulate the mail. Justice Brett Kavanaugh joined the majority and wrote that applying the rule in this year's elections would be arbitrary and capricious for lack of time to carry it out.
Every state that votes by mail now knows the rules it will run in November, six weeks before the count.
The rule grew out of an executive order President Trump signed in March directing the Postal Service to tighten mail-ballot handling. States would have had to submit lists of eligible voters to an online portal and use approved envelope designs carrying specified barcodes. The Postal Service could have refused to deliver ballots from states that did not comply. Twenty-three states and the District of Columbia, led by California, sued in federal court in Boston. Judge Indira Talwani issued a temporary restraining order on Aug. 27 and a preliminary injunction on Sept. 4. The First Circuit declined to pause it. A second federal judge froze the order separately last week.
- The Court has acted twice on this order; in August it lifted one of two injunctions.
- Justice Ketanji Brown Jackson handles emergency appeals from the First Circuit.
- Alabama, North Carolina and Wisconsin had already begun mailing ballots.
Solicitor General D. John Sauer argued the case for the government. Judge Talwani wrote the order the Court left standing. Colorado Secretary of State Jena Griswold called the outcome a major victory; Washington Secretary of State Steve Hobbs said his state would not have to upend its processes. Republican election officials in Utah, which votes largely by mail, had warned the rule would lead to mistakes, delays and confusion. The people who carry the result are voters in Oregon, Washington, Utah and Colorado, who vote by mail as a matter of course; military and overseas voters, whose ballots travel farthest; and county clerks in the three states already mailing.
Disputedwhether the Postal Service may set conditions on which ballots it will carry, and whether this year was the year to start.
The FramingsAdministration framing (Sauer, Justice Department) presents modest envelope-design and addressee-information requirements aimed at a fraud that dilutes the votes of lawful voters, and calls state objections overblown. Dissenting framing (Alito, Thomas) presents a postal service with broad statutory authority over the mail and a government likely to win on the merits, whatever the calendar says. Timing framing (Kavanaugh) presents a rule that may be lawful in principle and unlawful in practice this year, because agencies must give states time to comply. Democratic state-official framing (Griswold, Hobbs) presents an attempt to ration ballot delivery, blocked before it could reach voters. Republican election-administrator framing (Utah officials) presents an unworkable mandate from their own side's administration, likely to produce errors in the states that use mail voting most.
The RecordThe order, the docket number and the dissents are on the Supreme Court's emergency docket. The March executive order is the administration's own published text. Talwani's Aug. 27 and Sept. 4 orders are on the district court's docket, and the First Circuit's refusal to stay them is on its own. The Court did not rule on whether the rule is lawful. Confidence that the rule cannot be enforced this fall: certain. Confidence in how the merits come out later: low.
What to watch: The First Circuit's merits schedule in the California case. Whether the Justice Department returns to the Supreme Court after judgment. The Postal Service's Nov. 3 delivery standards, published on usps.com. Ballot-mailing start dates in Oregon and Colorado this month.
Sources: ABC News, NPR, PBS NewsHour, Al Jazeera, SCOTUSblog, Supreme Court of the United States (order 26A305)
