Trump Administration Asks the Supreme Court to Lift the Block on Its Mail-Ballot Rule as the First Midterm Ballots Go Out

On the afternoon of Sept. 3, 2026, Solicitor General D. John Sauer asked the Supreme Court to stay an Aug. 27 temporary restraining order by U.S. District Judge Indira Talwani that blocked the Postal Service, for 14 days, from requiring states to comply with parts of its new mail-ballot rule, including ballot envelope design requirements and submission of voter data into a USPS portal. Sauer wrote that the order "partially nullifies the Postal Service's efforts to address the risk that the federal mails will be used to perpetrate voter fraud." He also sought an administrative stay, arguing irreparable harm because North Carolina and Alabama would begin mailing ballots as soon as Sept. 4.

It is the second time in under six weeks the administration has gone to the Supreme Court over the March executive order on mail voting, which 23 states and the District of Columbia are challenging on the ground that the Constitution gives states power over voter eligibility and the manner of congressional elections.

The Court directed the challengers to respond by 10 a.m. on Tuesday, Sept. 8. Talwani's restraining order expires Sept. 14.