A federal judge has sharply criticized the U.S. Postal Service for moving ahead with a new mail-in voting rule despite a court order, but stopped short of blocking the rule itself.
U.S. District Judge Indira Talwani in Boston said the Postal Service had violated her injunction by issuing the final regulation last Friday. She concluded that the agency had attempted to sidestep the court’s instructions while advancing President Donald Trump’s effort to impose tighter controls on voting by mail.
The ruling came a day after the U.S. Supreme Court lifted one of the legal barriers that had prevented the administration from pursuing the changes. However, a separate injunction issued in a case brought by voting rights organizations remains in effect.
That distinction means the Postal Service is still unable to put the new requirements into operation, even though the final rule has been issued.
The regulation would require states to provide the Postal Service with lists identifying voters who were sent mail-in ballots. It would also require unique barcodes on ballot envelopes sent to voters and on envelopes used to return completed ballots.
Talwani said the Postal Service had effectively “feigned compliance” with her order, which specifically barred the agency from beginning or completing rulemaking intended to carry out Trump’s executive order.
Still, the judge declined to impose another blocking order because the Postal Service acknowledged that it could not implement the rule while her existing injunction remained active.
Talwani also noted that the Postal Service’s decision to issue a final rule could ultimately work in favor of the voting rights groups. Rather than challenging a proposal that might later change, they can now contest an actual, finalized regulation.
The dispute is unfolding with the November midterm elections less than three months away. Millions of Americans use mail ballots, making the legal fight over the new requirements potentially significant for voters and election officials across the country.
Trump signed the executive order in March as part of his broader push to tighten rules surrounding mail-in voting. The Constitution gives states primary responsibility for administering federal elections, adding another layer to the legal challenges surrounding the administration’s policy.
The Supreme Court’s conservative majority recently intervened in a separate case brought by Democratic-led states, finding that their challenge had come before the Postal Service had issued a final rule. The justices emphasized that courts generally review completed regulations rather than preliminary directives.
The legal battle, however, is far from settled.
California and other states, along with Democratic Party organizations, are preparing further challenges to Trump’s order and its implementation. Voting rights groups are also expected to file a new lawsuit challenging the finalized Postal Service rule.
For now, the rule exists on paper but cannot be put into effect under the remaining injunction. Its ultimate fate will likely depend on the next round of litigation.
