Trump Administration Appeals Supreme Court to Enforce Mail-Ballot Restrictions Ahead of Midterms

On Sunday, September 6, 2026, the Trump administration once again turned to the nation’s highest court, filing an appeal that seeks to lift a judicial block on a sweeping mail‑ballot overhaul. The move follows a decision by U.S. District Court Judge Indira Talwani, who extended a preliminary injunction that keeps the U.S. Postal Service (USPS) from putting the new rules into effect.

President Donald Trump’s August executive order demands that the USPS add extra verification steps to every ballot mailed to voters. It also requires states to upload their voter lists to a federal portal that, as of the latest reports, is still offline. The Department of Justice (DOJ) argues that these changes are “commonsense” and fall squarely within its authority to regulate the mail.

Judge Talwani’s injunction, still in force, allows the Postal Service and state election officials to keep working toward the order’s requirements, but it makes those steps optional rather than mandatory. According to the filing, ballots have already begun to leave the USPS in North Carolina, and more states are expected to start the mailing process while the injunction stands. Alabama is slated to begin on September 9, with at least five other states scheduled to start during the week of September 13.

This is the third time the Trump administration has asked the Supreme Court to intervene. While the Court has let the plan move forward, it has yet to rule on its legality. With less than 70 days until the next election—and nearly one‑third of U.S. voters relying on mail ballots—the timing could not be more critical.

Voting‑rights advocates and several Democratic‑leaning states have already challenged the restrictions as unconstitutional. The American Civil Liberties Union filed a lawsuit and, in a statement, called the rule “unconstitutional and unlawful.” ACLU director of the Voting Rights Project, Sophia Lin Lakin, warned that with fewer than 60 days to go, there is “no shred of evidence that states could comply with it without disenfranchising voters who rely on mail ballots.”

Election officials have voiced concerns that the new requirements would be impossible to implement in time. The DOJ’s filing notes that the injunction’s daily existence “risks sowing confusion and chaos” because it makes preparatory steps voluntary. Officials say the lack of a clear deadline and the need to verify ballots could delay or even prevent some ballots from arriving on Election Day.

The administration maintains that the USPS has no authority to determine voter eligibility, maintain voter rolls, or count ballots. The DOJ’s filing states that eligibility for mail‑in and absentee voting will continue to be governed by state law and that state and local officials will decide who is eligible to vote by mail.

Trump has long sought to curb mail voting, even as he frequently used the method himself. He has repeatedly blamed mail ballots for the 2020 loss to Joe Biden, citing unfounded claims of fraud. The current legal battle represents the most significant attempt yet to alter the long‑standing practice of mail voting.

The Supreme Court’s decision on the appeal will arrive as the nation heads into a midterm election that could shift control of Congress. The outcome will determine whether the USPS can enforce the new verification steps and whether states must adjust their ballot‑processing systems in the final weeks before Election Day.

For now, the injunction remains in place, and ballots are already being mailed in several states. The DOJ’s appeal to the Supreme Court is the latest development in a legal struggle that could have a lasting impact on how U.S. elections are conducted.