Composite story

Judge Talwani extends a block on Trump's Postal Service mail-ballot rule as the administration goes back to the Supreme Court

The U.S. Supreme Court building in Washington, where the Trump administration renewed its emergency appeal.

Photo by Mr. Kjetil Ree. / Wikimedia Commons, CC BY-SA 3.0 · source

The Friday injunction replaces a 14-day TRO. Solicitor General Sauer renewed a high-court appeal Sunday as North Carolina already mailed ballots.

U.S. District Judge Indira Talwani in Boston issued a preliminary injunction Friday, Sept. 4, 2026, barring the U.S. Postal Service from enforcing a new mail-ballot rule for the midterms. She said the rule is likely unconstitutional and that rushed implementation would nearly guarantee disenfranchisement. The Trump administration had already asked the Supreme Court to lift her earlier TRO and on Sunday renewed the appeal after the longer injunction. Sauer said ballots had begun mailing in North Carolina. The court has not ruled on the merits of the rule.

Shared facts

U.S. District Judge Indira Talwani issued a preliminary injunction Friday blocking the Postal Service from enforcing its mail-ballot rule for the midterms.

The preliminary injunction replaces Talwani's earlier 14-day temporary restraining order.

Talwani found the Postal Service's mail-ballot rule is likely unconstitutional.

Talwani said the rule is unauthorized by the Elections Clause and intrudes on powers reserved to Congress and the states.

Talwani wrote that plaintiff states must mail millions of ballots on a prescribed timeframe.

Talwani said implementing the rule this close to the election threatens significant disenfranchisement of eligible voters.

The Trump administration on Sunday renewed an emergency appeal to the Supreme Court seeking to lift the injunction.

The Justice Department said Friday it would appeal the preliminary injunction to the 1st Circuit.

The administration asked the Supreme Court on Thursday to lift Talwani's temporary restraining order.

North Carolina began mailing ballots on Friday.

Alabama is set to begin mailing ballots on September 9.

At least five more states are set to begin mailing ballots the week of September 13.

The Postal Service rule requires unique barcodes on mail-ballot envelopes.

The rule requires states to upload mail voters' names, addresses, and barcodes to a Postal Service portal.

Under the rule, the Postal Service may refuse or return ballot mail that does not comply or that is tied to voters not on the lists.

The administration says the rule imposes only modest informational or design requirements on states.

Solicitor General John Sauer said once ballot envelopes enter the mailstream there is no retrieving them.

Sauer said making envelope-prep steps voluntary rather than mandatory risks confusion if the rule later takes effect.

Trump has long sought to limit mail voting, even though he often uses that method himself.

The injunction allows states to use the new Postal Service system voluntarily.

Trump has blamed mail balloting for his 2020 election loss.

No state has announced it will opt into the new Postal Service system.

Talwani said plaintiff states have neither time nor funds to redesign ballots, win approval, and upload voter data before the midterms.

The Supreme Court last month lifted an earlier injunction as premature, without ruling on whether the plan is lawful.

Those judges ruled that the Constitution gives states and, in some cases, Congress the power to set voting procedures, not the president.

The Postal Service issued the final mail-ballot rule in late August.

President Trump signed an executive order in March directing tighter rules on mail voting.

Talwani placed an initial hold on the order in June, prohibiting implementation until after November.

Democratic-led states and voting rights groups sued to block the Postal Service rule.

A Postal Service whistleblower warned of potentially catastrophic problems with the new system.

Nearly one-third of U.S. voters cast mail ballots.

Challenging states were given until Tuesday to respond to the Supreme Court application.

The Postal Service portal required under the rule was not yet operational as of this week.

Election officials say there is not enough time to revise systems to comply with the new Postal Service directives.

CBS News

Judge extends block on Postal Service's new Trump-backed mail-in ballot requirements

Melissa Quinn

4 Sep 2026

Facts

Talwani had temporarily blocked the measure on Aug. 26.

Government lawyers said Thursday that if Talwani continued the block, they would bypass the appeals court and seek the Supreme Court.

During a hearing Thursday, government lawyers said that if Talwani continued to block the requirements, it would bypass the federal appeals court and seek the Supreme Court's intervention.

attribution · government lawyers

At least two municipalities in Wisconsin have already mailed ballots.

More states will begin sending mail ballots around mid-September.

The rule requires postal workers to review and verify ballot mail being sent to voters.

The administration said the rule should not prevent a single voter from voting by mail.

Opinion

No opinion marked.

NBC News

Judge again blocks Trump's effort to restrict mail voting as ballots start going out

Dareh Gregorian

4 Sep 2026

Facts

Talwani wrote that the record includes no evidence of fraudulent mail voting to support rushed implementation.

The “court finds, on one side, that immediate implementation of the Final Rule issued less than seventy days before the November 2026 election threatens disenfranchisement of millions of United States citizens who seek to vote by mail,” while “on the other side, that the record includes no evidence relating to fraudulent mail voting to support the rushed implementation of the Final Rule,” Talwani wrote.

attribution · Indira Talwani

Talwani rejected the Justice Department's request to pause the order while the administration appeals.

Talwani said the ruling applies only to the midterms because the final rule imposes no irreparable harm as to later elections.

Jackson said the ballots are printed, the process is underway, and North Carolinians deserve a lawful and orderly election.

Opinion

NBC News described the administration bid as an effort for the Postal Service to exert control over mail-in voting.

A federal judge on Friday temporarily blocked a bid by President Donald Trump for the U.S. Postal Service to exert control over mail-in voting ahead of the midterm elections as one state begins mailing out ballots.

center · authoritarian

Solicitor General John Sauer argued it was Talwani, not the rush to implement the directive, causing confusion.

North Carolina Attorney General Jeff Jackson said if the Supreme Court sides with the administration, it would throw the state's election into chaos.

State Attorney General Jeff Jackson, a Democrat, said in a statement Thursday that if the Supreme Court sides with the administration, it would “throw our election into chaos.”

attribution · Jeff Jackson

Sauer called Talwani's injunction an improper order that allowed false latitude.

“Thus, if the order is eventually stayed and the rule takes effect for this year’s elections — as should occur, there is a grave risk that States may not have taken the necessary steps to comply due to the false latitude allowed by the court’s improper order, potentially depriving those States’ citizens of the ability to vote by mail,” Sauer added.

attribution · John Sauer

The Guardian

US judge extends block on Trump order to restrict mail-in voting

Dara Kerr

4 Sep 2026

Facts

The administration quickly appealed Friday's ruling.

Oral argument on the preliminary-injunction request was held on Thursday.

The ACLU plaintiffs said USPS has no constitutional or federal-law authority over how states administer mail voting.

Federal judges halted an earlier Trump executive order that included a documentary proof-of-citizenship requirement to register.

Opinion

Bonta said the coalition will take all steps to stop the Trump administration from trampling on voting rights and restricting mail voting.

ACLU-represented plaintiffs said the ruling makes clear the Postal Service must deliver all election mail.

A coalition of voter service and civic groups, plaintiffs represented by the American Civil Liberties Union (ACLU) in the lawsuit, issued a statement: “Today’s ruling makes it crystal clear: The US Postal Service must deliver all election mail.

attribution · ACLU plaintiffs

The ACLU plaintiffs said the president cannot order the Postal Service to create a disruptive bureaucracy that would throw the election into chaos.

And the President cannot order the Postal Service to create a disruptive new bureaucracy that will throw the election into chaos and disenfranchise untold numbers of voters.”

attribution · ACLU plaintiffs

The Guardian said Trump's fraud claims about 2020 mail balloting are false and baseless.

Washington Examiner

Judge extends block restricting USPS mail-in ballot rule

Claire Carter

4 Sep 2026

Facts

The preliminary injunction keeps the restrictions from taking effect for elections through Nov. 3.

The preliminary injunction keeps the restrictions from taking effect for elections through Nov. 3 as the case continues.

Instead, it preserves the existing mail-in ballot system through the midterm elections while the courts consider the broader legal challenge.

fact

Talwani was appointed by former President Barack Obama.

Talwani found that implementing the rule so close to the election could cause significant disruptions.

States have already printed millions of ballots and envelopes.

The ruling does not permanently strike down the USPS rule or resolve the underlying lawsuit.

The Trump administration has already asked higher courts to intervene.

Opinion

The Examiner said the policy is intended to help USPS track ballots more closely and send them only to eligible voters.

PBS News

Federal judge extends block on Trump order seeking to limit mail voting in the midterms

5 Sep 2026

Facts

Talwani was appointed by President Barack Obama.

Federal judges halted an earlier Trump order that included a documentary proof-of-citizenship requirement to register.

Opinion

PBS said Trump's fraud claims about 2020 mail balloting are false and baseless.

CNN

Trump administration again asks Supreme Court to allow mail ballot rule to take effect

John Fritze

6 Sep 2026

Facts

Shortly after filing the second appeal on Sunday, the administration withdrew the first case.

Shortly after filing the second appeal on Sunday, the administration withdrew the first case.

In a letter to the court on Sunday, the Justice Department said it had filed the new appeal out of “an abundance of caution” and that it withdrew the first case “to simplify proceedings.”

fact

Opinion

CNN called the Sunday filing a mostly procedural move that underscores Trump's desire to restrict mail voting.

President Donald Trump’s administration on Sunday again asked the Supreme Court to allow the US Postal Service plan for mail ballots to take effect immediately, a mostly procedural move that nonetheless underscores the president’s desire to restrict mail voting during the critical midterm elections.

center · authoritarian

CNN said the administration is seeking to give USPS an unprecedented role in elections on an extraordinarily quick timeline.

CNN said it is unclear whether the new filing will change the timeline of the case.

ABC News

Trump administration files another Supreme Court emergency appeal over USPS mail ballot rules

ABC News

6 Sep 2026

Facts

ABC News said the Sunday application is not meaningfully different from the Sept. 3 request.

The application is not meaningfully different from the request the administration filed on Sept. 3, but comes in response to the federal judge handling the legal battle over new U.S. Postal Service mail ballot rules extending her block of the rules for the November midterm elections in an order issued on Friday, again finding them likely unlawful.

fact

The Supreme Court had already been asked to weigh in on Talwani's preliminary injunction.

A Supreme Court decision is expected as soon as the coming week.

Some states have already begun mailing ballots for the fall election.

Talwani wrote Friday that the dispute was now ripe for judicial intervention.

Opinion

ABC News said Trump has pushed unfounded claims of widespread mail-ballot fraud.

Challengers argued the USPS regulations are an attempt to federalize elections managed by each state.

The states and voter advocacy groups have argued that the new USPS regulations are an attempt by the Trump administration to federalize elections, which are historically and constitutionally managed by each state, and make it harder to vote by mail for everyday citizens.

attribution · the states and voter advocacy groups

Challengers argued the regulations would make it harder to vote by mail for everyday citizens.

The states and voter advocacy groups have argued that the new USPS regulations are an attempt by the Trump administration to federalize elections, which are historically and constitutionally managed by each state, and make it harder to vote by mail for everyday citizens.

attribution · the states and voter advocacy groups

Associated Press

Trump administration makes another appeal to the Supreme Court to allow mail ballot restrictions

Lindsay Whitehurst

6 Sep 2026

Facts

States have started sending out mail ballots, leaving little time for big changes in mail-ballot rules.

The appeal marks the third time the administration has asked the Supreme Court to intervene.

Democratic states and voting rights groups say the changes are unconstitutional.

Sauer said the best way to address compliance fears is an immediate administrative stay, then a full stay pending review.

“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 said.

attribution · John Sauer

Control of Congress is at stake in this year's elections.

The filing said mail-in eligibility will still be governed by state law and local officials.

The filing added that eligibility for mail-in and absentee voting will continue to be governed by state law and state and local officials will determine who is eligible to use the method and which ballots are eligible to be counted.

“The Postal Service will not play any role in determining voter eligibility, maintaining voter rolls, or counting ballots.”

fact

Trump has blamed mail balloting for his 2020 election loss to Joe Biden.

Trump has so far been unable to change the longstanding mail-voting procedure.

Opinion

The Trump administration framed the restrictions as commonsense changes within its power to regulate the mail.

Sauer called the district court's order an improper cloud of uncertainty over the rule.

AP said Trump's fraud claims about 2020 mail balloting are false and baseless.

Judge Talwani extends a block on Trump's Postal Service mail-ballot rule as the administration goes back to the Supreme Court

Shared facts

Disputed facts

Shared opinions

Disputed opinions

Judge extends block on Postal Service's new Trump-backed mail-in ballot requirements

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Opinion

Judge again blocks Trump's effort to restrict mail voting as ballots start going out

Facts

Opinion

US judge extends block on Trump order to restrict mail-in voting

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Opinion

Judge extends block restricting USPS mail-in ballot rule

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Opinion

Federal judge extends block on Trump order seeking to limit mail voting in the midterms

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Opinion

Trump administration again asks Supreme Court to allow mail ballot rule to take effect

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Opinion

Trump administration files another Supreme Court emergency appeal over USPS mail ballot rules

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Facts

Opinion