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A second federal judge has blocked the Trump administration from implementing new U.S. Postal Service restrictions on mail-in ballots, adding another legal obstacle as the Supreme Court considers whether the rules can take effect before the November midterm elections.
U.S. District Judge Carl J. Nichols in Washington, D.C., issued a preliminary injunction late Sunday, finding that the new rules could prevent otherwise valid absentee and mail-in ballots from being counted.
“Plaintiffs have demonstrated that, absent an injunction, there is an increased risk that a significant number of otherwise appropriate absentee or mail-in ballots will ultimately not be counted,” Nichols wrote. “The public has a strong interest in ensuring that doesn’t happen.”
The ruling follows a similar decision by U.S. District Judge Indira Talwani in Massachusetts on Sept. 4. Talwani’s injunction bars USPS from implementing key portions of its Aug. 21 final rule for elections through Nov. 3.
The administration has asked the Supreme Court to intervene in the Massachusetts case, arguing that delaying the rules could create confusion as states begin mailing ballots. The court is now considering that appeal.
What the New USPS Rules Would Do
The regulations stem from an executive order Trump issued in March directing the Postal Service to establish new requirements for federal election mail.
Under the final rule, states would have to meet new USPS standards for ballot envelopes and register voters receiving mail ballots through a federal Postal Service portal. The system would allow USPS to match ballot mailings against information supplied by states.
Election officials and voting organizations have argued that the requirements are difficult to implement so close to an election. Talwani’s Sept. 4 order specifically blocked mandatory USPS review of ballot-envelope designs and mandatory registration and voter enrollment in the federal portal for the November election.
Mail ballots are already being distributed in some states, increasing the logistical stakes. The administration has argued that states can comply without disrupting their existing election systems, while challengers say the changes could result in valid ballots being rejected or left uncounted.
A whistleblower report to Congress also warned that implementation problems could affect millions of voters. The union representing postal workers has objected to requiring USPS employees to play a role in verifying information related to voters and ballots.
Supreme Court Could Decide the Rules’ Fate
The legal dispute has already reached the Supreme Court once before.
In August, the justices declined to block an earlier ruling involving Trump’s executive order because the challenge was considered premature before USPS had issued a final rule. Once the Postal Service issued its Aug. 21 rule, opponents filed new lawsuits challenging the actual regulations.
That distinction is central to the current litigation. Talwani’s latest injunction addresses the final USPS rule itself rather than the earlier executive order.
Nichols’ ruling now creates a second federal court order preventing implementation of the rules for the upcoming election. His decision, like Talwani’s, is preliminary and does not represent a final ruling on the ultimate legality of the regulations.
The administration maintains that the Postal Service has authority to establish the requirements and that the rules are intended to protect election integrity. Opponents argue that the federal government is attempting to impose new requirements on election administration without sufficient legal authority and too close to the election to implement them safely.
With mail ballots already moving through the election process, the Supreme Court’s decision could determine whether the USPS restrictions remain frozen or can be implemented before Nov. 3.
Trump has repeatedly criticized mail-in voting and has falsely attributed his 2020 election loss to widespread fraud involving mail ballots. The new USPS regulations represent his administration’s latest effort to impose federal requirements on the use of mail voting.
For now, two federal judges have blocked the Postal Service from putting key portions of the new rules into effect for the midterm elections, leaving the Supreme Court to decide the next step.
