Second Federal Judge Blocks Trump Mail Ballot Order as Supreme Court Weighs Appeal

A federal judge in Washington, D.C., late Sunday issued a preliminary injunction barring the U.S. Postal Service from implementing new regulations on mail balloting, delivering a second legal setback to the Trump administration's effort to reshape election rules ahead of this year's midterm elections.

U.S. District Judge Carl J. Nichols ruled that the plaintiffs had shown a likelihood of irreparable harm, writing that without an injunction "there is an increased risk that a significant number of otherwise appropriate absentee or mail-in ballots will ultimately not be counted in the upcoming elections." He added that the public has a strong interest in preventing that outcome.

The decision follows a similar order by U.S. District Court Judge Indira Talwani in Boston, which prohibited the Postal Service from enforcing the new rule. The Supreme Court is already considering the administration's appeal of Talwani's order.

Nichols had declined to issue an injunction in May, finding that the lawsuit was brought prematurely. That same reasoning was cited by the Supreme Court late last month when it lifted an earlier freeze imposed by Talwani. However, after the administration formally issued its rule to advance Trump's plan, plaintiffs in both Boston and Washington refiled their cases.

The regulations, which stem from an executive order Trump issued earlier this year, would require all ballot envelope designs to be pre-approved by the Postal Service and would require states to upload the identities of mail ballot recipients into an online portal that is not yet active. The rule was issued on Aug. 21.

Election officials have said the changes would be impossible to implement so close to a general election. Mail ballots are already being sent out in at least three states — Alabama, North Carolina and Wisconsin — and more states are preparing to distribute them this week.

A whistleblower report submitted to Congress warned that millions of voters could be disenfranchised if the rule takes effect for the midterms. The union representing Postal Service workers has also opposed the executive order, arguing that verifying voter eligibility is not part of postal employees' duties.

Trump has long criticized mail balloting, falsely blaming it for his 2020 loss to Democrat Joe Biden and claiming it is a pathway to fraud, despite having used the method himself.

Talwani was nominated by former President Barack Obama, while Nichols was nominated by Trump.