WASHINGTON — The Supreme Court has blocked President Trump’s plan to restrict voting by mail, ruling it is too late to impose new postal service rules for the November election.
The justices on Monday turned down an emergency appeal from Trump’s lawyers, who argued the government needed a new and untested system of unique bar codes to track all the ballots of the tens of millions of people who vote by mail.
Instead, the justices left in place a judge’s order that prevents the U.S. Postal Service from enforcing the new rules for the midterm elections.
Concurring, Justice Brett M. Kavanaugh agreed it was too late to enforce the new rules for this election.
Justices Samuel A. Alito Jr. and Clarence Thomas dissented.
The decision in USPS vs. California is a victory for California Atty. Gen. Rob Bonta and the attorneys general for 22 other Democratic-led states who sued to block the new rules.
Last week, they warned there would be chaos and confusion if Trump’s rules were put in effect now.
Bonta cheered the decision late Monday, calling it “a victory for our democracy and a powerful affirmation of the rule of law” in a case where the stakes “could not have been higher.”
“Voting is the fundamental right from which all other rights flow, and all 50 states allow ballots to be cast by mail in some form. In California and several other states, mail voting is the primary way elections are conducted,” Bonta said. “Had this rule been allowed to take effect, the consequences would have been catastrophic.”
He said his office “will remain vigilant in safeguarding our elections,” and urged voters to make their voices heard.
Under the proposed rules, state and county election officials across the nation would be required to enroll each voter with a unique bar code and submit this data to a new online portal that, as of last week, was not yet functioning.
Without the individualized bar codes, states could not send ballots through the mail. In California, that would mean election officials would have to enroll 23 million voters with new bar codes before state ballots could be mailed.
“Compliance with the USPS’ rule would be impossible ahead of the midterms, meaning that millions of voters would be unable to vote by mail and some would not be able to vote at all,” the state attorneys general told the court last week.
The impact would not be limited to Democratic-leaning states. Utah Lt. Gov. Deidre Henderson said it would be “an unmitigated disaster” if the new rules were put into effect now. About 30% of the nation’s voters — and 80% of Californians — cast ballots by mail in 2024.
But Trump has maintained, without providing evidence, that voting by mail leads to widespread cheating and fraud.
In March, he issued an executive order that called on the postal service to do more to “enhance election integrity.”
“Unique ballot envelope identifiers, such as bar codes, enable confirmation that only citizens receive and cast ballots,” he said.
Elections experts say there is no evidence of such widespread fraud, despite robust audits and other searches for it.
State attorneys general argued that the Constitution entrusts states, not federal officials, to conduct elections. While Congress may impose new rules, it has not done so to limit voting by mail or to empower the postal service to do so, they said.
Trump and his lawyers maintained the administration had a duty to combat fraud, including in elections.
Solicitor Gen. D. John Sauer described the new rules as “modest measures that will help prevent and restrain potential gross abuses of the mails to perpetrate a fraud on the Nation.”
And he said the federal government, the states and the voting public would face irreparable harm if the new Postal Service rules were not allowed to be applied to the coming election.
But U.S. District Judge Indira Talwani, in Boston, ruled the postal service may not put its new regulations into effect for the Nov. 3 election. She found the Trump administration had presented no evidence to the court of widespread fraud, while the states had presented ample evidence that implementing such a system on such a fast timeline posed tremendous risk.
The 1st Circuit Court affirmed her order and said the administration’s lawyers “have not even seriously challenged the … detailed findings about the chaos and widespread disenfranchisement that would occur between now and November 3 should the USPS rule take immediate effect.”
On Sunday, U.S. District Judge Carl Nichols — a Trump appointee — also blocked the new Postal Service rules from being implemented in separate cases brought by the NAACP and Democratic groups, finding they clearly exceeding the Postal Service’s authority in elections.
What the future will hold is unclear. The courts did not declare the new rules to be illegal or unconstitutional, though multiple lower courts have suggested that parts of the plan likely would be — including by exceeding the Postal Service’s authority to intervene in elections.
Much of the debate before the appellate and Supreme Court related to the rushed timeline under which the Postal Service was seeking to implement the changes. With that set aside by the Supreme Court’s ruling that the rules will not apply this election, the debate in the lower courts may shift focus to whether the new regulations can be applied to the 2028 elections.
Nevada Secretary of State Cisco Aguilar, chair of the Democratic Assn. of Secretaries of State, said the high court’s ruling was a clear loss for Trump, and that state election officials are ready to continue their fight to protect U.S. elections if necessary.
“This ruling affirms what our Constitution has always held: Elections belong to the American people, not a desperate man in Washington,” he said.
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