Judge Issues New 14-Day Block on USPS Mail-Ballot Rule After Lifting Prior Injunction

U.S. District Judge Indira Talwani in Boston issued a 14-day temporary restraining order late Thursday blocking the U.S. Postal Service from enforcing key parts of its finalized mail-ballot rule. The order came one day after she vacated her earlier nationwide injunction on the same policy.

Talwani, appointed by President Barack Obama, granted the TRO to Democratic-led states and voting-rights groups, including the League of Women Voters. A hearing on whether to convert the order into a longer preliminary injunction is scheduled for Sept. 3.

The rule implements a provision of President Trump’s March executive order on election procedures. It requires states that use USPS for federal mail and absentee ballots to submit lists of mail voters to a Postal Service portal and to use approved outbound and return envelopes with unique barcodes. Under the rule, USPS may refuse to mail ballots that lack those envelopes or that are not tied to names on the submitted lists.

The Supreme Court on Aug. 24 lifted a separate injunction, holding that an earlier challenge had been filed before there was a final rule to review. The justices did not rule on whether the policy is lawful. On Wednesday, Talwani dissolved her remaining block, citing that decision. USPS had said it would not apply the rule to the 2026 midterms unless both injunctions were gone. After the finalized rule took effect, the plaintiffs sought a new order targeting the published regulation rather than the executive order alone.

In Thursday’s 11-page order, Talwani wrote that the challengers are likely to succeed on claims that USPS lacked authority to issue the rule and that it is “likely unconstitutional.” She said compliance before the Nov. 3 election is “practically impossible,” writing that plaintiff states “have neither time nor funds to design new mail ballots, seek approval of the new designs, order production of mail ballots, update their own election management systems, train election officials to use the USPS portal, and upload citizen data to the portal, all before the midterms.” She added that most of those states have already ordered ballots and that some state laws require mail ballots to go out as early as next week. The order also stated that “the record continues to lack any evidence regarding fraudulent absentee or mail-in voting.”

The Justice Department has argued the change is “modest” and that USPS has statutory authority to set mailing standards. In court filings, the department said the Postal Service “will not determine voter eligibility, ballot content, mailing or receipt deadlines, or ballot-counting procedures.” An administration appeal is expected.

The midterm election is Nov. 3. The TRO remains in effect until the Sept. 3 hearing unless a higher court acts first.