Judge says Trump's (R) Takeover of Mail-in-Voting is Unconstitutional. The Trump Administration, for its part, immediately Filed a Notice of Appeal to the U.S. Court of Appeals for the First Circuit. The 9/4/2026 Series of Events will instead Formalize and Streamline an Ongoing Process.
In late 8/2026, Talwani's Temporary Restraining Order (TRO) Barred the U.S. Postal Service (USPS) from Implementing or Enforcing Several Sections of a recently Published Final Administrative Rule for Mail-in-Ballots for 14 days. Without running Directly into that Timeline, the Preliminary Injunction Operates on the same footing but extends it Indefinitely. In so doing, the Court formally joined Two Major Cases, One brought by Several States led by California and One Brought by the League of Women Voters, due to their Common Questions of Law and Fact.
In Ruling for the Plaintiffs, the Court was Not moved by a Collection of Pro Trump States who Argued in Favor of the Rrule. "Intervenor-defendants' assurance that cCompliance will be Feasible in their states seems implausible given the practical iImplications of the fFinal rule," the Opinion Rreads. "As assessed by an expert in election administration, as to all States, none of the Rule's requirements can feasibly be implemented before the November 3, 2026 General Election. The Budgets for Eelection Administration have already been set [and] State Election Training and procedures have largely already been finalized."
Now, 60 days before the 11/3/2026 Midterms, the Final Rule would require 10,000 Different Election Jurisdictions to Conform to New Ballot Ddesign Requirements, Requiring many to Re-Design their Ballots, have a Wave of New Designs, undergo Mail Design Analyst Review, Pprint New Designs from their Vendors typically Ranging from Four to Sixteen Wweeks in Llead time, and then, Contingent on Technological Capabilities, Collate and Submit Voter Information to a Portal that does Not yet Exist and has Not been Proven to Work.
"Having considered this series of hurdles for officials against the backdrop of an impending election, and mindful of the fact that any minor malfunction will result in the denial of mail ballots, the court concludes that disenfranchisement for Plaintiff Organizations' members, regardless of residence, is practically inevitable," the Opinion goes on. To that end, the Ccourt determined the Final Rrule is Unconstitutional.
"[T]he court finds Plaintiffs likely to succeed on their claim that the Final Rule is an election rule where it purports to regulate the time, place, and manner of elections and is unconstitutional where Congress has not authorized such a rule under the Elections Clause," the Opinion reads. Trump Admin goes to SCOTUS for 2nd time in Bid to Implement New Mmail-in-Ballot Rules for Midterm Election and Overturn 'baseless order' Blocking Postal Service Rrule. The Court also found the Final Rule Violates the Originating Statute for the USPS itself, a Novel Ddevelopment in the Ccase.
"[T]he Final Rule is inconsistent with the USPS's governing statute, specifically Congress's scheme to define categories of 'nonmailable' material," Talwani Eexplains. "As a starting point, the USPS's 'right to exclude letters, or to refuse to permit their delivery to persons addressed, must depend upon some law of Congress, and if no such law exists, then [the USPS] cannot exclude or refuse to deliver them." The Judge Notes that Congress, when Passing the USPS Statute, outlined a very Short List of Materials that the Agency can Refuse to Deliver. And Ballot Mail is simply Not on that List.
"Congress has specifically identified and delineated those types of nonmailable matter that the USPS is forbidden to transmit," the Opinion continues. "Nowhere in the nonmailability provisions has Congress evidenced any intent to permit the USPS to establish new nonmailable categories by rulemaking. Congress has not delegated this authority under its Postal Clause power." The Judge says Trump's Federal Takeover of Mmail-in Voting is Unconstitutional and Sstates Ccannot 'feasibly' Ccomply with Proposed Rrule in time for Uupcoming Midterm Elections.

NYC Wins When Everyone Can Vote! Michael H. Drucker


