Trump Mail Voting USPS Rule Challenge (State AGs)

A pro-voting lawsuit challenging USPS’s final rule that regulates mail voting in federal elections.

Background

24 Democratic states and the District of Columbia filed a lawsuit challenging USPS’s publication of a final rule regulating mail voting in federal elections. Plaintiffs assert that the final rule unlawfully gives USPS “the authority to monitor and control which voters will receive a mail ballot from state and local election officials, and to task those same officials with new election administration procedures.” Plaintiffs argue only Congress can provide USPS with the authority to set rules regulating mail ballots in federal elections, not the president. The lawsuit challenges the final rule as a violation of the U.S. Constitution, the Administrative Procedures Act and the Voting Rights Act, and exceeds the president’s authority. Plaintiffs seek to block USPS from executing the final rule in the midterms.

Why It Matters

USPS’s publication of the rule comes in response to President Donald Trump’s second executive order attempting to take control of federal elections and disenfranchise voters. Courts have consistently ruled that only Congress and the states – not the president – have authority over elections. Despite this, Trump has expressed repeated opposition to mail voting, saying at the order signing, “Cheating on mail-in voting is legendary. It’s horrible. Democrats want to use it for cheating.”

Latest Updates

• Sept. 10, 2026: DOJ filed their reply brief in support of the stay application with the U.S. Supreme Court. The 1st Circuit denied the DOJ’s stay motion.
• Sept. 9, 2026: Plaintiffs filed their opposition to the Trump administration’s stay application with the U.S. Supreme Court.
• Sept. 8, 2026: DOJ and red states filed their reply in support of their emergency stay motion in the 1st Circuit to pause the lower court’s Sept. 4 preliminary injunction.
• Sept. 7, 2026: Blue states filed their response to DOJ’s emergency stay motion to pause the lower court’s Sept. 4 preliminary injunction.
• Sept. 5, 2026: DOJ filed an emergency motion to stay the lower court’s Sept. 4 preliminary injunction.
• Sept. 4, 2026: The district court issued a preliminary injunction blocking USPS’s final rule from being implemented for the midterms. DOJ appealed.
• Sept. 3, 2026: Preliminary injunction hearing. DOJ asked the U.S. Supreme Court to grant an administrative stay on the lower court’s temporary restraining order pending the First Circuit’s ruling on DOJ’s motion to stay. Blue states filed their opposition to an immediate administrative stay.
• Aug. 31, 2026: The district court denied DOJ and red states’ motions to stay pending appeal. DOJ filed an emergency stay motion with the First Circuit. Blue states filed their reply in support of their motion for a preliminary injunction.
• Aug. 29, 2026: DOJ filed its opposition to plaintiffs’ motion for a preliminary injunction. Red states also filed their opposition and filed a motion to stay the temporary restraining order pending appeal.
• Aug. 28, 2026: The Trump administration appealed the temporary restraining order to the First Circuit. The Trump administration asked the district court to stay its ruling pending appeal.
• Aug. 27, 2026: The Trump administration filed its opposition to blue states’ motion for a temporary restraining order. The district court granted blue states’ motion for a temporary restraining order blocking USPS’s final rule for the midterms.
• Aug. 26, 2026: 24 Democratic states and the District of Columbia (blue states) filed their complaint and a motion for an emergency temporary restraining order and a preliminary injunction.