The U.S. Supreme Court on Monday kept in place a lower court’s order blocking President Donald Trump’s embattled plan to place new restrictions on mail ballots for this year’s midterm elections.
The unsigned, one-paragraph order upheld a Massachusetts federal court’s injunction on a U.S. Postal Service rule until after Nov. 3 and did not decide whether the rule itself was lawful. But a majority of the court said the Democratic state officials and voting rights groups challenging the rule were likely to succeed.
Two of the court’s stalwart conservatives, Justices Clarence Thomas and Samuel Alito, dissented from the decision. Alito wrote that the Postal Service has “broad authority to regulate the mail” and that at this preliminary stage of the suit challenging the rule, its policy should remain in place.
“I express no view on whether the Government would be likely to succeed on de novo review of the Postal Service’s powers,” he wrote. “But for now, the Government has satisfied its burden of making a strong showing that the plaintiff States’ … claim is not likely to succeed.”
In a brief concurrence, Justice Brett Kavanaugh said the rule, which codifies technical requirements on the envelopes carrying ballots and requires states to collect and send to the federal government lists of eligible voters, may be legal, but was unworkable for the midterm elections 50 days away.
“There is at least a fair prospect that the final rule falls within the Postal Service’s statutory authority,” he wrote. “But applying the rule in the 2026 elections would be arbitrary and capricious … because state and local election officials do not have sufficient time to reasonably implement the rule before the elections.”
In a social media post Tuesday morning, Trump excoriated the decision, saying, without evidence, it would allow Democrats to use vote-by-mail to cheat.
“It is a big loss for Republicans, and America itself, and makes cheating by the Radical Left ‘Dumocrats,’ on Mail-In Ballots, a much easier thing to do – And now they have an open field to do so.”
He also complained about other high-profile rulings that he lost and, without naming them appeared to aim particular ire at the justices he appointed to the court: Kavanaugh, Neil Gorsuch and Amy Coney Barrett.
“This Supreme Court is bullied and cajoled by the Radical Left into making decisions that have set America back at least a hundred years,” he wrote. “These are not the people I interviewed to serve on the United States Supreme Court, they are merely a shell of their original selves.”
Case continuesThe rule’s challengers argued, in part, that the regulations would be impossible to install ahead of Election Day. Several election administrators, pro-democracy groups and others declared to the court that they agreed with that argument.
The Postal Service did not bring any evidence against those claims.
Democrats and voting rights advocates also argued the rule was illegal and unconstitutional. The executive branch has virtually no role in elections administration, which is a state responsibility with congressional oversight under the U.S. Constitution, they said.
The case, tried before President Barack Obama appointee U.S. District Judge Indira Talwani, will continue to evaluate the legality of the rule for future elections.
Challengers react The groups and officials challenging the rule, as well as other Democrats, hailed the ruling in statements.
“Today’s order from our nation’s highest court makes clear that states cannot be forced to undermine their mail voting systems and risk voter disenfranchisement because of the President’s political agenda,” Massachusetts Attorney General Joy Campbell said. “Mail voting is safe, secure, and reliable, and I will continue to stand up for Massachusetts residents who rely on mail ballots to ensure that they can have their voices heard in the November election.”
Virginia Kase Solomón, the president and CEO of Common Cause, one of the groups suing to block the rule, called the decision “a major win for the millions of everyday Americans,” including elderly and rural voters, and those with disabilities, who depend on vote-by-mail.
“This executive order was a blatant power grab designed to silence voters and undermine our elections, but it failed because the people and the law were on our side,” she said in a statement. “Our Constitution is clear: states run our elections, and voters choose their leaders—not the other way around. No administration can strip the people of their power.”
California Gov. Gavin Newsom, whose state was the lead plaintiff in the case, said the rule was part of Trump’s “attacks on democracy” for the past 20 months.
“California stood up for democracy and we won,” Newsom wrote on social media. “Today is a good day for democracy, the rule of law, and the American people looking to exercise their Constitutional right to vote.”
Phil Weiser, Colorado’s attorney general and Democratic nominee for governor, said the court “just sent the message that President Trump and the Postal Service need to stay the hell away from our elections.”
California and Colorado are among the eight states that send ballots to every registered voter.
Spokespeople for the Postal Service and U.S. Department of Justice, which represented the administration in the case, did not respond to emails seeking comment late Monday.
WA leaders applaud order
The rule would’ve sown chaos in Washington’s longheld vote-by-mail system, just weeks from ballots going out to voters, election officials believed.
Secretary of State Steve Hobbs, a Democrat, celebrated the ruling.
“Today’s decision reaffirms what we already know: the USPS rule would create unnecessary disruption and put our voters at risk,” Hobbs said in a statement. “Washington’s election workers are already hard at work preparing to carry out a safe, secure, and accurate election. Now, that work continues without having to upend our election processes to meet unrealistic ballot mail requirements.”
He assured Washington voters that nothing is changing about how elections are conducted here. The state had developed contingency plans in case the Postal Service rule went forward, but ballots have already been printed.
Washington, with Attorney General Nick Brown, was one of the states to file this latest lawsuit to block the Trump administration’s efforts to restrict mail-in voting.
Brown called the ruling a “huge win for orderly elections this November.”
“State and local elections officials can now focus on what they do best — administering legitimate elections that count every eligible ballot cast,” he wrote on social media. “Our office will remain vigilant around any other attempts by this administration to meddle in the current election while we continue the longer court fight against the administration’s illegal attack on mail-in voting.”
This is one of several fights the Trump administration is waging to get involved in elections here.
“This is a victory for this year’s election, but I know the broader fight is not over,” Hobbs said. “I will not permit any interference with our state’s constitutional authority to administer elections.”
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