The U.S. Supreme Court issued a per curiam order temporarily blocking two federal court injunctions that had prevented the United States Postal Service (USPS) from enforcing a new rule requiring states to submit voter data in order to use mail services for federal mail-in ballots. The decision allows the government to move forward with the rule as appeals continue, though it is not a final resolution of the underlying legal challenges.
Explainer Understanding the Supreme Court’s Impact on Law and Liberty
The core dispute centers on whether the USPS can require states to provide specific voter information and modify ballot envelopes as a condition for mailing federal election ballots, amid ongoing litigation over the executive order that prompted the rule.
The USPS rule, published Friday, follows an executive order on election integrity and citizenship verification. The rule requires states to submit the name and address of each voter, the originating election office state, and a unique intelligent mail barcode (IMb) for each ballot envelope through a federal portal. States must also update return-mail envelopes to include a barcode. The rule states that it does not alter state voter eligibility laws, but applies only to the use of U.S. Mail for federal ballots.
Supreme Court’s Temporary Stay
The Supreme Court’s unsigned opinion, released at the end of the day Monday, agreed with the government’s argument that the injunctions were causing irreparable harm and that the government was likely to succeed on the merits of its jurisdictional claims. The Court wrote, “Because reversal of the District Court’s judgment would come too late for the 2026 midterms, the District Court’s errors deal ‘a serious setback’ to the Executive’s ‘goals’ while this litigation unfolds.” The justices concluded that interim relief was justified when a federal court “improperly intrudes on a coordinate branch.”
Solicitor General Tom Sauer notified the Court of the new USPS rule in a brief filed Monday, ahead of the Court’s decision. The Supreme Court’s order is temporary and leaves the underlying legal questions unresolved as the appeals process continues.
Details of the USPS Rule
According to the Federal Register notice, the USPS rule requires states to provide voter names, addresses, the state of the originating election office, and a unique IMb for each ballot envelope. States must submit this information through a new Federal Ballot Mail Portal. The rule also requires ballot envelopes to meet certain mail preparation standards, including the use of barcodes.
The USPS emphasized that the rule does not create a federal voting database or alter state voter eligibility requirements. Instead, it establishes a mechanism for states to provide data already in their possession. The Postal Service will not verify addresses, names, voter eligibility, or citizenship status, and will not change the content of state-provided voter lists.
The rule states, “While it is true that outbound mail-in ballots may be rejected from the mailstream as a consequence of noncompliance with the rule’s requirements, conditions on the acceptance of mailable matter are distinct from a determination that the matter is nonmailable.” USPS officials said compliance is straightforward, as states need only provide information already inscribed on ballot envelopes.
“If the government obtains timely relief from the injunctions, implementation immediately thereafter will provide election officials as much time as possible before the next election to comply with the rule’s preparation standards for Federal Ballot Mail envelopes, and to prepare to submit data to the Federal Ballot Mail Portal (‘Portal’), before the mail-in and absentee ballots subject to this rule are mailed (which generally occurs in September or thereafter, as determined by state law),”
— USPS rule, Federal Register
Legal and Political Reactions
The injunctions had been issued by federal courts in California and Massachusetts in response to lawsuits challenging the executive order, “Ensuring Citizenship Verification and Integrity in Federal Elections.” Left-leaning groups, including the American Civil Liberties Union, have opposed the rule, arguing that the data requirements could infringe on voter privacy. The USPS and government officials maintain that the rule does not alter voter eligibility or state law, and that it is necessary to ensure the integrity of mail-in ballots.
The rule gives states a flexible 30-day window prior to the November 3 election to notify USPS of their compliance plans. The Portal and its verification process will become active upon publication of the system of records governing the Portal.
Supporters of the rule argue that it will help prevent ineligible voting and improve election security, while critics continue to challenge its scope and privacy implications. The Supreme Court’s stay means states must now prepare to comply unless the injunctions are reinstated or further court action intervenes.
