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The Supreme Court on Monday declined the Trump administration’s request to implement a new US Postal Service rule limiting mail-in ballots before the midterm elections in November. The Court’s decision allows a nationwide lower-court ruling blocking parts of the rule to remain in place.
Justice Brett Kavanaugh agreed with the Court’s assessment that the “Government is unlikely to succeed on the merits of its challenge,” writing in a brief concurrence:
“[T]here is at least a fair prospect that the final rule falls within the Postal Service’s statutory authority. But applying the rule in the 2026 elections would be arbitrary and capricious in violation of the Administrative Procedure Act because state and local election officials do not have sufficient time to reasonably implement the rule before the elections.”
The rule in question would require states to provide the names and addresses of voters and mandate that all ballot mail carry distinct barcodes.
Mail-In Ballots: The Dissent
Earlier this year, nearly two dozen states challenged the rule, insisting it ignores Article 1, Section 4 of the United States Constitution, which gives states the right to hold congressional elections in the “Times, Places and Manner” of their choosing. US District Judge Indira Talwani supported their dispute, issuing an order on June 25 that temporarily blocked aspects of the USPS rule.
Around two months later, the Supreme Court put a hold on Talwani’s order – but just three days later, the same judge issued a new order. The Supreme Court’s latest decision followed months of challenges, rulings, and appeals involving the Trump administration, the lower court, and the states opposing the rule.
In his dissenting opinion, Justice Samuel Alito, backed by Justice Clarence Thomas, argued that “some of the plaintiffs lack standing, while the remainder are pursuing a claim that this Court has recently called a ‘Hail Mary pass’ that ‘rarely succeeds.’” He continued:
“As for the plaintiff States, their claims are unlikely to succeed. They claim the rule violates the Elections Clause. U. S. Const., Art. I, §4, cl. 1. This claim, however, collapses into an inquiry about whether the Postal Service has statutory authority to promulgate the rule. Even assuming the rule here is a regulation of elections, Congress may create such rules under the Elections Clause. And, by statute, it may authorize the Postal Service to issue such rules.”
For now, it appears the midterms will proceed without the Trump administration’s mail-in ballot restrictions, marking a major setback in its broader election-security agenda.
