Connect with us

National News

Judge Calls Trump Mail Ballot Rule ‘Substantively Unconstitutional’ as Court Battle Extends

Published

on

A Massachusetts federal judge on Monday declined the Trump administration’s request to overturn the temporary restraining order she signed last week that blocks the U.S. Postal Service from carrying out a rule placing new restrictions on mail-in voting.

A ballot drop box in Kitsap County, Washington, pictured Aug. 29, 2026. Washington is one of the eight states that conducts elections entirely by mail. (Photo by Jacob Fischler/States Newsroom)

The 14-day order published Aug. 27 was not appealable, U.S. District Judge Indira Talwani wrote in a brief order Monday. But even if the order could be appealed, the administration would lose on the merits, Talwani wrote.

“It is likely that the USPS lacked authority to issue the Final Rule and that the Final Rule is substantively unconstitutional and contrary to law,” she wrote.

She dismissed the administration’s argument that the temporary restraining order came too close to Election Day as a “cynical interpretation” of the U.S. Supreme Court’s Aug. 24 decision that allowed President Donald Trump’s related executive order to move forward on procedural grounds.

The high court found that Trump’s executive order, which directed the Postal Service to create the rule, could not be challenged until the rule itself was in place. It made no determination on the merits of the rule.

“A Final Rule has now been issued and, contrary to Defendants’ cynical interpretation, the Supreme Court has not endorsed the view that any challenge to the Final Rule is now too late,” Talwani, whom President Barack Obama appointed to the bench, wrote.

She added that she disagreed with the USPS argument that the requirements of the rule, which would force states to overhaul their vote-by-mail systems ahead of the Nov. 3 midterm elections and to gain federal government approval of lists of voters who requested mail ballots, were “modest.”

The administration is also fighting Democratic-led states and voting rights groups in the 1st U.S. Circuit Court of Appeals over Talwani’s temporary restraining order and in Talwani’s court over a longer pause of the final rule.

Several Republican state attorneys general, representing Alabama, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota and Texas, joined the suit on the federal government’s side.

The rule’s challengers say it is an inappropriate incursion of states’ power to administer elections, and would likely disenfranchise people who depend on mail ballots to vote.

Trump has long claimed, without evidence, and despite his personal use of the service, that mail voting enables election fraud.

The administration has said its rule is needed to ensure that noncitizens do not vote in federal elections, which studies have shown is rare.

Trump issued the executive order March 31. States and voting rights groups immediately sued to stop it, but the legal battle heated up last week with the Supreme Court’s procedural decision on its emergency docket.

The states and groups challenging the law quickly refiled their lawsuits to reflect that the rule had been published Aug. 21.

 

by Jacob Fischler, Virginia Mercury


Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis with questions: info@virginiamercury.com.

Front Royal, VA
64°
Clear
6:49 am7:30 pm EDT
Feels like: 64°F
Wind: 2mph SE
Humidity: 94%
Pressure: 30.19"Hg
UV index: 0
ThuFriSat
86°F / 66°F
81°F / 64°F
77°F / 66°F
Legal Notices5 hours ago

ORDER OF PUBLICATION: In the Circuit Court for Warren County, Virginia

Obituaries11 hours ago

David Michael Smith (1960 – 2026)

Opinion12 hours ago

Where Was Beth Macy?

Local News16 hours ago

Virginia Voters to Decide Marriage Amendment in November

Interesting Things to Know20 hours ago

Buying Local Can Strengthen Your Community — and Your Table

Local News20 hours ago

2 For 2 Foundation Promotes Swim Literacy for Homeschool Families

Health21 hours ago

Weight-Loss Drugs May Help Protect Against Atrial Fibrillation

Livestream - WCHS2 days ago

Warren County Volleyball Set to Host Fauquier Tuesday Night – September 8

Local News2 days ago

Virginia Voters to Decide Reproductive Freedom Amendment in November

Community Events2 days ago

South Fork Fly Fishing Tournament Set for Sept. 12 at Shenandoah River State Park

Community Events2 days ago

Stone Branch Center for the Arts Welcomes Artist-in-Residence Linda L. Anderson

State News2 days ago

Amtrak to Suspend Virginia-to-D.C. Service for Critical Track Upgrades Oct. 16–26

Opinion2 days ago

Commentary: The Energy Virginia Needs is the Energy We Can Build Now

National News2 days ago

Labor Unions Are Growing, But Where Depends On State Politics

Obituaries2 days ago

Phillip Ray Knight (1953 – 2026)

Jefferson Forum2 days ago

Governor Spanberger Believes Tariffs Are Taxes, Until Virginia Cattlemen Want Tariff Protection

Local News2 days ago

Avtex Remembrance Walk: A Solemn Theme for Labor Day Weekend

Community Events2 days ago

Pitch Burst Volunteers Support Warren Coalition Children’s Programs

Community Events2 days ago

Never Forget: Front Royal Marks 25 Years Since 9/11 — A Time to Gather, Reflect and Pass It On

Interesting Things to Know2 days ago

National Preparedness Month: How to Get Through a Multi-Day Power Outage

Interesting Things to Know3 days ago

From Workers’ Parades to Backyard Cookouts: How Labor Day Began

Community Events3 days ago

Is It Too Late to Sign Up for the All About Trees Class This Year?

Health3 days ago

The Envelope That Decides Next Year

Interesting Things to Know3 days ago

The Emergency Fund You’ll Actually Build

Scott's Turn3 days ago

Stronger, Not Bigger: Rethinking Economic Development in Warren County