Updated August 28, 2026 at 5:33 PM EDT
The Trump administration is appealing the latest major legal hurdle for the president's executive order that seeks to restrict mail-in voting for the midterm election.
The move sets the stage for the Supreme Court to once again consider Trump's order. The justices will likely be asked to weigh in after the 1st U.S. Circuit Court of Appeals reviews a ruling by a federal judge in Boston.
U.S. District Judge Indira Talwani on Thursday released a 14-day temporary restraining order against new requirements for states under the U.S. Postal Service's plan for carrying out Trump's directives. The judge is expected to decide whether to issue a longer-lasting block on USPS' plan after holding a Sept. 3 hearing.
Talwani has ruled multiple times in cases related to Trump's order. This latest one effectively reestablishes a nationwide block she had put on USPS' efforts for the order.
So far, the Supreme Court ruled on a procedural issue related to Trump's order, but it has not weighed in on the legality.
In that earlier procedural ruling, the high court halted a similar June ruling from Talwani that applied only to the 23 mainly Democrat-led states, plus Washington, D.C., that sued over the order. The court concluded Talwani weighed in too early, before USPS issued a finalized plan for carrying out Trump's directives.
In Wednesday's order, the judge cited that reasoning by the Supreme Court for granting the administration's request to cancel her Aug. 11 nationwide ruling, which was also issued before USPS' Aug. 21 release of a final rule for federal ballot mail.
That rule's most controversial provision lays out a plan for delivering mail-in ballots only to people on lists of absentee voters that states would have to turn over to the mailing agency, as called for by Trump's order.
Trump, who himself has voted by mail in Florida, has said he signed this executive order in March to stop illegal voting by non-U.S. citizens, a problem that many studies and audits find is extremely rare.
The order's challengers argue that it oversteps a president's authority under the Constitution, which gives the power of setting federal election rules to the states and Congress. They also claim that USPS has no authority to control mail-in voting.
It remains unclear if and how Trump's directives would ultimately affect voting by mail for the midterms, which is set to start in a matter of weeks.
Trump's order is expected to face more legal hurdles as this lawsuit and other related cases filed by Democrats, voting rights groups and two dozen mainly Democratic-led states proceed.
Those challengers are asking Talwani, as well as another federal judge in Washington, D.C., to issue new rulings that would block USPS from carrying out its finalized plan and likely be appealed to the Supreme Court.
Editor's note: USPS is a financial supporter of NPR.
Edited by Benjamin Swasey
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