A federal judge has removed a significant barrier to President Donald Trump’s executive order aimed at restricting mail voting, while Democratic state officials have initiated a new legal challenge as the midterm elections draw near.
This development follows a Supreme Court procedural decision favoring Trump, potentially bringing the issue back to the high court before crucial congressional elections. The initial mail ballots are scheduled for distribution next week.
U.S. District Judge Indira Talwani in Boston lifted an order that previously prevented the U.S. Postal Service from executing Trump’s directive for the upcoming elections. She stated her action was necessary following the Supreme Court’s conservative majority ruling that her earlier injunction was premature.
Despite lifting the order, Talwani expressed concerns, warning that the executive order could lead to “chaos” and is “likely unconstitutional.”
The administration can now proceed with implementing a Postal Service rule released late Friday, requiring states to adopt a uniform envelope style for mail ballots and providing the Postal Service with a list of eligible voters.
A New Chapter in High-Stakes Litigation
Approximately two dozen Democrat-led states have filed a new lawsuit against the U.S. Postal Service, marking a new phase in this high-stakes legal battle. This follows a Supreme Court decision against them in a separate case, although the court did not declare Trump’s order legal.
The court’s majority deemed the initial Democratic lawsuit untimely, predating the Republican administration’s issuance of a rule governing Postal Service mail ballot delivery. Election officials caution that implementing this rule before next week’s mail ballot distribution is impractical.
“Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” said New York Attorney General Letitia James, one of 25 Democratic attorneys general involved in the lawsuit. “USPS has no authority to decide who can and cannot vote by mail.”
Trump’s administration also faces a third lawsuit, initially filed in May in the nation’s capital, although courts have so far declined to block it.
White House spokesperson Lauren Bis defended the Postal Service’s proposals as “commonsense measures that protect the security of mail-in ballots” and affirmed the administration’s commitment to enhancing the “safety and security of our elections.”
The Postal Service declined to comment due to ongoing litigation.
National Democrats, referencing the new rule, requested the federal judge in Washington to block Trump’s order, following his previous refusal to do so last spring, citing a lack of concrete action at the time.
In Boston, Talwani noted the administration’s violation of a separate injunction against the Postal Service in drafting the new rule but did not impose any penalties. The League of Women Voters, who initially filed the lawsuit, also sought a new court order to block the mail voting plan.
Voting by Mail on Trump’s Radar
Mail voting has been a target for Trump, who falsely attributed his 2020 election loss to it. This voting method is predominantly used by Democrats, partly due to Trump’s criticisms. Since regaining power, Trump has attempted to exert influence over election rules, advocating for Republicans to “take over” vote counting in Democratic areas.
Trump issued his first election executive order shortly after taking office again, which included requirements for documentary proof of citizenship for voting. He has also pushed for a comprehensive election bill, which has stalled in the Senate amid opposition from Democrats and some Republicans.
