Alito and Thomas criticize Supreme Court’s 7-2 vote to keep USPS mail-in ballot rule blocked

Justices Samuel Alito and Clarence Thomas issued a dissent against the Court’s 7-2 decision that leaves a new USPS mail-in ballot rule blocked ahead of the midterms.

47 outlets2 min read20m agoImportance 9/10

In a 7-2 unsigned order, the Supreme Court refused to overturn blocks on a new USPS regulation that would mandate election-mail markings, barcode-compatible envelopes, and a federal portal for voter data. The majority said the Justice Department had not shown a likelihood of success on the merits. Justice Brett Kavanaugh concurred, citing insufficient time for states to implement the rule before the midterms.

Justices Samuel Alito and Clarence Thomas authored a dissent, contending that the plaintiffs—mostly Democratic states—lacked standing and that the Postal Service’s statutory powers are broad. Alito emphasized that the timing argument does not justify denying the government’s application and criticized the challengers for delaying the rule’s rollout. He concluded that the “Hail Mary” effort would probably fail and urged the Court to grant the administration’s request. The decision stalls the rule for the upcoming election, though further litigation could allow implementation by 2028.

How this was covered

Right-leaning outlets covered this 3h later
Coverage peaked at 15 outlets in a single hour

Why it matters

The split decision highlights deep judicial divisions over election administration and could affect how mail-in ballots are handled in future elections.

How the sides frame it

MODERATE AGREEMENT

All camps report the Supreme Court’s 7-2 decision blocking Trump’s mail-ballot restrictions and Trump’s angry reaction, but left-leaning coverage emphasizes the decision as a win for voting access and critiques Trump’s rhetoric, centrist coverage presents the ruling as a setback for Republicans and notes reactions from both parties, while right-leaning coverage frames the decision as a disastrous blow to Trump and highlights his condemnation of the justices.

LEFT

Coverage frames the ruling as a defeat for Trump’s attempt to restrict mail voting and a protection of voters’ rights, stressing the dissent of Alito and Thomas and condemning Trump’s attacks.

CENTER

Coverage frames the ruling as a rejection of Trump’s mail-ballot plan that harms Republicans, noting Trump’s harsh criticism and reactions from political leaders.

RIGHT

Coverage frames the ruling as a disastrous loss for Trump, emphasizing his denunciation of the Court and portraying the justices as yielding to the “Radical Left.”

The left emphasises

the Court “blocked” Trump’s mail-ballot restrictions for 2026
the decision preserves the existing absentee-voting system
Trump’s tirade is described as a “scathing” or “harsh” attack

The right emphasises

Trump blasted the Court as a “disaster”
the ruling is portrayed as helping the “Radical Left”
Alito and Thomas are highlighted as the lone dissenters

How this story developed

Aug 27 Rep. Jake Auchincloss Discusses Congressional Reform and Supreme Court Changes
Sep 4 The administration filed an emergency petition with the Supreme Court.
Sep 4 The court’s decision upheld the citizen‑initiated referendum and blocked the new map.
Sep 5 Judge extended the preliminary injunction blocking the rule.
Sep 5 Judge Talwani issued a new order on Friday extending the injunction.
Sep 6 Administration filed a third petition to the Supreme Court seeking to overturn the injunction.
Sep 8 Missouri Supreme Court issued a unanimous ruling requiring a statewide referendum before the GOP‑crafted map can be used.
Sep 9 Supreme Court issued a 6‑3 stay of the district‑court injunction.
Sep 10 Federal judge rejected Secretary of State Denny Hoskins' request to block the contempt proceeding.
Sep 10 First Circuit Court of Appeals denied the administration’s request to lift the injunction, leaving the rule blocked through the November elections.
Sep 11 U.S. Supreme Court blocked the Trump-backed congressional map, requiring use of the 2022 districts.
Sep 14 A federal judge issued an injunction blocking the USPS mail‑ballot rule.
Sep 14 Trump labeled the White House a “dump” and highlighted additional renovation projects such as the Reflecting Pool and nearby statues.
Sep 15 Supreme Court rejected the administration’s request to stay the injunction.

In this story