A federal judge on Thursday halted attempts to implement President Donald Trump's executive order limiting mail voting. U.S. District Court Judge Indira Talwani blocked the government from implementing the order for two weeks, just before the first mail ballots are due to be sent out for the upcoming midterm elections. The case could soon be appealed to the Supreme Court, following a recent procedural decision that allowed the administration to proceed with its plans.
The ruling came after Democrats and voting rights groups refiled their lawsuits in response to the Supreme Court's decision, which did not address the legality of Trump's executive order but indicated that Talwani had acted prematurely. The administration has since issued a formal rule governing the U.S. Postal Service's delivery of mail ballots, reigniting the legal dispute.
The legal battle has significant implications for the midterms, as nearly one-third of Americans vote by mail. Election officials have expressed concerns that there is insufficient time to adjust their systems to comply with the new Postal Service directives. The Postal Service has stated it will not deliver mail ballots unless states provide a list of voters eligible to receive them and format the envelopes accordingly.
Judge Talwani noted that states lack the time and resources to design new mail ballots, seek approval, produce them, update election management systems, and train officials before the midterms. The White House did not respond to a request for comment, and a hearing in the case is scheduled for September 3.
New York Attorney General Letitia James, representing one of the Democratic-led lawsuits, criticized the federal government's actions as an attempt to interfere in elections. Democrats and voting rights advocates argue that the Postal Service's requirements are unconstitutional, asserting that the Constitution grants states and Congress the authority to establish election rules.
This reasoning previously led courts to block Trump's first executive order aimed at changing election procedures, which included a requirement for documentary proof of citizenship for voter registration. Trump has consistently criticized mail voting, attributing his 2020 election loss to it, despite using mail voting himself.
A report by the Brookings Institution published in 2025 indicated that mail voting fraud occurred in only about four cases per 10 million mail ballots cast. Trump issued the executive order targeting mail voting in March, his second related to elections since taking office. Following initial lawsuits, the administration claimed the challenges were premature due to the absence of specific implementation rules. Although the administration won an initial case in Washington, D.C., Judge Talwani issued injunctions against the order's implementation for the November midterms in two separate cases in Boston.
The Supreme Court's conservative majority recently lifted one of those injunctions, prompting Talwani to reluctantly remove the second. Plaintiffs then refiled their cases, citing the Postal Service's final rule in hopes of achieving a more lasting outcome.