Kavanaugh Signals Possible Future Authority for Trump USPS Ballot Rule
Justice Brett Kavanaugh, in a concurring opinion, suggested the USPS ballot-mail rule may fall within statutory authority, keeping a path open for the Trump administration despite the Court’s refusal to lift the injunction for the 2026 midterms.
Justice Brett Kavanaugh, joining the majority in United States Postal Service v. California, expressed that the new USPS ballot-mail rule has a reasonable chance of fitting within the agency’s statutory authority, thereby preserving a potential route for implementation. The Court, however, rejected the Trump administration’s emergency motion to suspend a lower-court injunction, ensuring the rule remains inactive for the 2026 midterms.
A dissent authored by Justice Samuel Alito and joined by Justice Clarence Thomas warned that the rule could eventually be upheld and take effect before the 2028 presidential election. The rule would require election-mail envelopes to feature a specific logo, be machine-readable, and carry a unique barcode, with states uploading voter data to a USPS portal. A coalition of 24 Democratic state attorneys general challenged the rule on constitutional grounds, while legal analysts highlighted procedural delays and the possibility of further Supreme Court review. Observers expect the rule to stay dormant for the 2026 cycle but remain a contested issue for future elections.
Why it matters
The decision determines whether new mail-ballot requirements could shape upcoming U.S. elections.
How this story developed
- Aug 27 Rep. Jake Auchincloss Discusses Congressional Reform and Supreme Court Changes
- 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 Democratic Secretary of State Cisco Aguilar is refusing federal demands for voter data, while Republican rival Jim Marchant persists in promoting unfounded fraud allegations.
- 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 Republican candidates have also entered secretary of state races in Arizona and Wisconsin.
- Sep 15 Supreme Court rejected the administration’s request to stay the injunction.
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