A federal judge reluctantly lifted the last remaining block on the Trump administration’s new mail-ballot rules Wednesday, clearing the way for them to take effect while states and voting-rights groups race back to court.
On Monday, the Supreme Court’s conservative majority gave the Trump administration a temporary procedural victory in its effort to interfere with mail-in voting ahead of the November midterms.
Two days later, the practical consequences of that decision became more urgent: On Wednesday, U.S. District Judge Indira Talwani reluctantly lifted the last remaining injunction blocking the U.S. Postal Service from implementing new restrictions on mail ballots, saying the Supreme Court’s ruling had tied her hands. The decision clears the way for the administration’s plan to proceed—for now—even as multiple new challenges are already underway.
The Postal Service’s final rule requires state and local election officials to submit information about mail-ballot voters through a new federal portal and place unique federal barcodes and markings on ballot envelopes. Mailings that do not satisfy the new requirements could be refused by the Postal Service.
But neither the Supreme Court nor Talwani ruled that President Trump has the constitutional authority to rewrite state election rules. Neither court upheld the legality of the administration’s restrictions. And neither decision ends voting by mail.
Instead, the Supreme Court concluded that the states challenging Trump’s March executive order had sued too soon, before the Postal Service finalized the details of its plan. The Court paused a lower court injunction in Trump v. California, reasoning that the states had not yet shown the concrete and imminent injury required to bring their claims.
That distinction was procedural, but its consequences are now profound.
After USPS finalized its rule Friday, Talwani concluded Wednesday that the Supreme Court’s reasoning required her to lift the separate injunction secured by the League of Women Voters and other civil and voting-rights groups.
The result is precisely the “chaos and uncertainty” Justice Ketanji Brown Jackson warned about in dissent: The administration successfully argued that challenges brought before the rule was finalized were premature—and now election officials and voting-rights advocates must mount new challenges as ballots are about to be distributed.
The legal fight is already accelerating. Democratic attorneys general representing 23 states filed a new lawsuit Wednesday directly challenging the finalized USPS rule and requested an emergency order blocking it. The first mail ballots are scheduled to go out in some states next week.
The voting-rights groups that secured the now-lifted injunction have also indicated that they will amend their lawsuit to challenge the final rule directly. Democratic Party organizations pursuing a separate case in Washington, D.C., have asked a federal judge there to block it as well.
The Supreme Court’s Monday opinion was unsigned, but the Court’s three liberal justices—Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson—signed dissents. Similarly, feminist legal experts and voting-rights advocates issued immediate warnings.
Their message remains essential: Do not mistake these procedural rulings for a final decision affirming the legality of Trump’s order. But do not minimize the upheaval the administration and the courts are allowing to spread, less than three months before a national election.
What the Court Actually Decided—and What Happened Next
The Court characterized Trump’s executive order as an internal directive that does not itself require states to do anything. Because the Postal Service had not issued a final rule when the states filed suit, the majority said their claims depended on “contingent future events” and were therefore premature.
The majority stopped short of endorsing Trump’s actions: “The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful.”
In other words: The Court did not decide whether the president may seize powers the Constitution assigns to states and Congress. It decided that these particular plaintiffs had not cleared the threshold to obtain relief at this stage.
On the latest episode of On the Issues, host Michele Goodwin characterized the decision as giving the Trump administration a procedural “speed ramp”—allowing implementation to move forward while requiring states to wait for the threatened injuries to materialize. “This is a Supreme Court that says, you worry too much about what Donald Trump will do,” she said. “We’ll just wait to see it. And then it’s too late.”
That concern has already become less hypothetical: USPS has finalized its rule, the last injunction has been lifted and election officials are now confronting the requirements as ballots are about to go out.
The Postal Service has since finalized its rule, transforming what the Court called a hypothetical future action into an immediate threat. The rule requires election officials to provide voters’ names, addresses and unique ballot-envelope barcodes through a federal portal before outbound federal-election ballots are accepted into the mail. After Talwani lifted the remaining injunction Wednesday, those restrictions appeared to be in force—although the newly filed challenges could block them again within days.
Sotomayor Dissent: The Court Is Postponing the Real Question
Justice Sonia Sotomayor, joined by Justice Elena Kagan, penned the first dissent to appear in the decision. In it, they rejected the majority’s narrow reading of the order and its likely effects on states.
“Today’s decision does not address whether the President’s attempts to interfere with States’ administration of the November 2026 elections are lawful,” Sotomayor wrote.
Nor, she emphasized, does it suggest that the executive branch has the authority to carry out Trump’s directives. The ruling “merely postpones adjudication” of those questions.
But Sotomayor argued the states are already facing a concrete threat: “The respondent States have standing based on the credible threat that the Government will initiate investigations and prosecutions because they refuse to use the lists.”
Read as a whole, she wrote, the order links the federal government’s incomplete citizenship lists to investigations and possible prosecutions of state and local election officials.
The administration cannot insist that its order is urgent enough to implement before the midterms, while simultaneously claiming it is too hypothetical for courts to review.
Jackson Dissent: Election Challenges Can Be Too Late—And Now, Too Early
Justice Ketanji Brown Jackson was more blunt. The government did not defend the legality of Trump’s order before the Court, she noted, and no judge or justice has found that it complies with the Constitution. Yet the majority still allowed the administration to proceed based on threshold procedural questions.
Jackson described the result as a “Kafkaesque nightmare” for people trying to challenge unlawful election rules.
Under the Court’s Purcell principle, courts often refuse to intervene when an election is too close. Now, Jackson warned, the Court has declared that challenges can also come too early—without explaining when plaintiffs are supposed to sue.
The ruling, she wrote, “needlessly injects chaos and uncertainty into the upcoming midterm elections,” using a “Catch-Me-If-You-Can” approach, in which the government can delay final action, fight early challenges as premature and then argue that later challenges would disrupt an election already underway.
Voting-Rights Advocates: The Fight Is Not Over, and Vote by Mail Remains Available
Senate Judiciary Committee ranking member Dick Durbin (D-Ill.) called the order a “temporary procedural win” for Trump—not a validation of his attacks on voting rights. The Constitution still empowers states to administer elections, Durbin said, and the litigation will continue.
When the Supreme Court issued its ruling Monday, a separate injunction in League of Women Voters of Massachusetts v. Trump still blocked the Postal Service from implementing the rule.
“It is important to note that today’s ruling only addresses the timing of the state plaintiffs’ challenge,” counsel and plaintiffs in the League case said at the time. “It does not affect any voters’ ability to cast a mail ballot.”
But that protection lasted only two more days. On Wednesday, Talwani lifted the League injunction, clearing the way for the Postal Service’s rule to take effect while the plaintiffs revise their case to challenge the now-final policy.
The change does not eliminate mail voting or alter state laws determining who may vote by mail. But it could force election officials to comply with sweeping new federal requirements as ballots are already being prepared—and could interfere with the mailing of ballots that do not meet those requirements.
Critics say the administration’s strategy has forced election officials and nonpartisan voting organizations to divert time from preparing voters, instead scrambling to decipher rapidly changing rules, revise election procedures and answer questions from frightened or confused voters.
The next question is whether courts will block the Postal Service’s now-finalized rule—and whether the Supreme Court will invoke Purcell to say that stopping the administration’s last-minute changes would itself be too disruptive.
“The real fight is yet to come,” Vladeck told Joyce Vance, legal expert and former U.S. attorney for the Northern District of Alabama, in a live discussion after the ruling.
Vance urged voters not to surrender to panic and underscored the constitutional bottom line: “The United States Constitution … does not give the president the authority to run elections.”
For Survivors, Voting By Mail Can Be a Lifeline
Skye Perryman, president and CEO of Democracy Forward, placed mail voting in a distinctly feminist context: “Every voter deserves to exercise their fundamental right, and for many survivors of domestic violence, sexual violence and stalking, voting by mail is the safest and sometimes only way to participate in our democracy.”
Goodwin widened that lens. Rural voters, members of the military, students attending school away from home, people with disabilities, shift workers and caregivers all rely on mail ballots to participate in elections.
“All of the communities that might be disenfranchised if the Trump executive order were put in place are people who have legitimate concerns,” Goodwin said—“legitimate concerns about where they fit in American democracy as Americans.”
Restrictions on mail voting cannot be dismissed as an abstract fight over administrative procedure. The burdens fall heavily on people whose work, health, caregiving responsibilities, disabilities or safety concerns make voting in person difficult or dangerous.
The bottom line: The Supreme Court has not declared Trump’s election order lawful. It has not eliminated mail voting. And it has not ended the legal challenges to the administration’s plan.
But the legal landscape has changed since Monday. The last injunction blocking the Postal Service’s rule has now been lifted, allowing the new restrictions to proceed while states, voting-rights groups and Democratic Party organizations race to stop them again.
The dispute could return to the Supreme Court within days. And the timing itself is part of the danger: The administration first argued that challenges were too early because USPS had not finalized its rule. Now that the rule is final and ballots are about to be mailed, opponents may confront arguments that judicial intervention would come too late and create too much disruption.
That is the “Catch-Me-If-You-Can” dynamic Jackson identified—and the chaos Talwani suggested may be a feature, rather than a flaw, of the administration’s approach.
So the feminist response contains both urgency and clarity: Voting by mail remains available, but voters should pay close attention. Check your state’s rules, make a voting plan, return your ballot as early as possible if you vote by mail, and track it where that option is available.
Ensure work like this article continues
At Ms., we believe the stories that shape women’s lives deserve serious, sustained coverage. That’s why, since 1972, we’ve reported on gender, politics, democracy, reproductive freedom, economic justice and culture long before the mainstream press caught up. Our journalism remains independent because it is funded by readers—not advertisers, corporations or billionaires. If this story mattered to you, please consider supporting Ms. by making a tax-deductible donation, becoming a member to receive a magazine subscription, or gifting a membership to a friend. Your support helps ensure that feminist journalism not only survives, but thrives.