Supreme Court to Rule on Mail Ballot Rules Before Midterms

The update

The Justice Department has asked the Supreme Court to intervene in an ongoing legal battle over U.S. Postal Service rules for mail ballots, just weeks before the November midterm elections. In an emergency appeal, Solicitor General D. John Sauer requested the justices halt a district court’s temporary order blocking enforcement of the Postal Service requirements. The district court judge, Indira Talwani, issued a 14-day order that remains in place while she considers a request for longer relief from two dozen Democratic-led states and voting rights groups challenging the legality of the mail-voting measures.

Why it matters

This legal battle comes at a critical time for the upcoming elections, with potential implications for how millions of Americans cast their ballots. The Postal Service rules impose specific envelope-design and addressee-information requirements for federal-election ballots. The Trump administration argues these rules are constitutional and necessary to address voter fraud, while opponents claim they could disenfranchise voters and create confusion during an election already facing heightened scrutiny.

What to watch

Justice Ketanji Brown Jackson has asked the states and voting rights organizations to respond to the Trump administration’s request by Tuesday morning. The Supreme Court’s decision could determine whether these new postal service rules take effect before the midterms. The Postal Service has indicated it is making refinements to a portal for voluntary compliance and anticipates it will be available for use by sometime next week.

Sources

• cbsnews.com — DOJ's Supreme Court appeal and details of the legal challenge
• cbsnews.com — DOJ's Supreme Court appeal and details of the legal challenge
• thehill.com — Context on Trump's executive order targeting mail voting