SCOTUS Upholds Block on USPS Rule That Would Have Impeded Mail Voting in the Midterms 

WASHINGTON, D.C. — Today, in a victory for voters across the country, the United States Supreme Court declined to block an order issued by a federal judge in Massachusetts that prevents a new United States Postal Service rule from being implemented before the midterm elections. This rule, as directed by an executive order issued by the president in March, would have given the executive branch unprecedented control over the way Americans vote by mail. 

In its ruling, the court let stand the judgement of the lower court which made clear that the Postal Service’s attempt to overhaul mail voting processes for the entire nation is unlawful and runs contrary to numerous federal statutes and the Constitution, which gives authority to set election rules only to Congress and the states.

This rule — which will not take effect for the 2026 midterms — would have led to widespread confusion for both voters and election administrators. It would have made burdensome new requirements mandatory for every state and local election official that sends voters ballots through U.S. Mail and given the Postal Service the power to refuse to send ballot mail to voters if states had failed to comply.

Campaign Legal Center and Democracy Defenders Fund, on behalf of the League of United Latin American Citizens, Secure Families Initiative, Arizona Students’ Association, the city of Madison, Wisconsin and Travis County, Texas, filed an amicus brief at the Supreme Court to prevent this rule from going into effect. 

“In this decision, the Supreme Court has made clear that the 2026 midterm elections must not be disrupted by the Trump administration’s efforts to implement an unlawful new mail-voting system mid-election,” said Tianna Mays, legal director at Democracy Defenders Fund. “The Constitution does not give the president unilateral authority governing federal elections regarding mail voting or any of the other schemes the administration has cooked up to rig the election. Enough is enough. Let the people vote.”

“Today’s Supreme Court decision prevents the U.S. Postal Service from sowing chaos in our elections,” said Trevor Potter, president of Campaign Legal Center. “Experts who have looked at the Postal Service’s plan to screen mail-in ballots — including a whistleblower within the agency — say it carries tremendous risks for the freedom to vote. The court wisely heeded these warnings and affirmed a lower court ruling to stop the agency from taking actions that could cut off access to absentee ballots for millions of Americans. I remain confident that this effort by the Postal Service, which comes in response to an unconstitutional and illegal executive order, will ultimately be permanently blocked.”

“We are grateful the court recognizes that this issue is not a matter of presidential preference — it is a constitutional right. Implementing this rule so close to the election would create confusion for voters and jeopardize the ability of election officials across the country to administer a fair and transparent midterm election,” said Dyana Limon-Mercado, Travis County clerk.

“Today is not only a victory for mail-in voting, but a victory for our democracy at the Supreme Court. The Constitution is clear: states hold the power to oversee elections, not the president or the Postal Service. By protecting the right to vote, we protect the voices of our communities and ensure they are heard on Election Day, Nov. 3. We are committed to eliminating every remaining obstacle to the ballot and dismantling suppression measures that disproportionately target youth, working families and marginalized communities. ASA will continue championing student rights and standing with the next generation of leaders — fighting until full, equitable and unrestricted voting access becomes a reality across our nation,” said Jessica Mendoza, executive director of Arizona Students’ Association.

“This is an important win for local clerks, who simply want to serve their communities and administer fair, secure and accurate elections. No matter who is in the White House, any effort to disenfranchise eligible voters is an attack on democracy,” said Madison Mayor Satya Rhodes-Conway.

Read the decision here.

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Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.

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