Key facts
- The Trump administration is seeking to lift a court order that blocked new mail-in voting requirements.
- The Justice Department argued the rule is lawful and consistent with the Postal Service's authority.
- A federal judge issued a temporary restraining order, concluding the rule risked disenfranchising voters.
- The administration may appeal to the Supreme Court if the current appeals court does not intervene.
The Trump administration on Monday urged a U.S. appeals court to overturn a judge's order that had temporarily blocked new requirements for mail-in voting. The Justice Department argued that the rule, implemented by the U.S. Postal Service (USPS), is lawful and necessary for supporting mail-in ballots ahead of the November congressional elections.
A federal district judge had issued a temporary restraining order, concluding that the USPS rule risked disenfranchising voters and was likely unlawful. The judge declined to pause her order, which will remain in effect for 14 days while she considers a longer-term injunction. The administration contends that the lawsuit is based on a false premise that the USPS intends to take over election administration.
Justice Department lawyers told the 1st U.S. Circuit Court of Appeals that the district judge's ruling was "gravely mistaken." They asserted that the rule's improvements to USPS infrastructure for sensitive mail are within the postal service's statutory and constitutional authority. If the appeals court does not lift the order, the administration may seek intervention from the Supreme Court.
The USPS rule, issued following an executive order signed by President Trump in March, mandates that states provide USPS with lists of mail ballot recipients and that all ballot envelopes bear unique barcodes. The USPS may refuse to deliver ballots that do not comply with these standards or are associated with voters not on the provided lists. All 50 states permit some form of mail-in voting, with 29 allowing it without a specific reason and eight conducting elections entirely by mail.