Two dozen states and the District of Columbia sued on Wednesday to block Donald Trump’s executive order restricting mail voting in this year’s midterm elections, pushing the fight back into court just days after the supreme court cleared one legal obstacle. The new case targets the US Postal Service and aims to stop it from carrying out the order while another nationwide injunction still stands.
The lawsuit landed after the court’s conservative majority lifted one injunction from a federal judge, but it did not decide whether Trump’s order is lawful. Instead, the supreme court said on Monday that the states had moved too early, leaving the underlying dispute unresolved and opening the door to another round of briefing over whether the postal service can act now.
That timing matters because the US Postal Service posted a final rule on ballot delivery on Friday night, setting out the steps it would take under the administration’s directive. The states say that policy is part of “a broader effort” by the Trump administration “to rewrite federal election law and usurp the authority of the states and Congress,” a charge that turns the case into more than a fight over one mailing rule.
For now, the practical effect is that the postal service remains under one court order that still bars enforcement even as the justice department argues the second block should be lifted. The result is a legal standstill: Trump’s order has survived one challenge, but the mail-ballot rules are still not in force, and the next ruling will determine whether the agency can move ahead before the midterm elections.
