Supreme Court rejects Trump's mail voting restrictions for this year's midterms

Updated September 14, 2026 at 20:01 PM ET

The Supreme Court has ruled against President Trump, rejecting his efforts to enact new mail-in voting restrictions for the midterm election.

The ruling released Monday by the high court means the U.S. Postal Service is expected to continue delivering ballots as usual.

Voting by mail has already begun in states including Alabama, North Carolina and Wisconsin, with more soon to follow — including Western states such as Hawaii, Oregon and Washington, where elections are held primarily or fully with mail ballots.

Under the still-blocked USPS plan, which followed an executive order by Trump, states would have had to turn over lists of voters' names and addresses and have certain specific barcodes on ballot envelopes in order to have them delivered by the mailing agency.

Earlier this month, a federal judge in Boston issued a preliminary injunction against USPS, blocking it from imposing those new ballot requirements on states. The judge found the requirements are likely illegal because the Postal Service has no authority to control mail-in voting. A second federal judge issued another preliminary injunction late Sunday.

Now, a majority of the Supreme Court decided to keep that injunction in place. The court said the Trump administration was unlikely to succeed on the merits of its challenge.

Conservative Justice Brett Kavanaugh wrote a short concurring opinion, saying "there is at least a fair prospect that the final rule falls within the Postal Service's statutory authority." But, he added, "applying the rule in the 2026 elections would be arbitrary and capricious in violation of the Administrative Procedure Act because state and local election officials do not have sufficient time to reasonably implement the rule before the elections."

Indeed several Republican state election officials, including from the mostly vote-by-mail state of Utah, signed on to a Supreme Court brief, warning that any attempt to carry out the USPS plan now "will almost certainly lead to mistakes, delays, and confusion for both voters and election officials."

Conservative Justices Samuel Alito and Clarence Thomas dissented from the order, and would have granted the administration's request to pause the Boston-based judge's ruling.

Trump said he issued the call for USPS to change its rule for mail ballots as a way to stop illegal voting by non-U.S. citizens, a problem that many studies and audits show is extremely uncommon. For this legal fight over the USPS plan, the administration's lawyers have provided the courts with no evidence of mail-voting fraud.

Trump has been a vocal critic of the way about one-third of voters cast ballots in the last two federal elections. In 2024, the share of voters who reported casting ballots by mail was higher among Democrats (37%) than Republicans (24%), according to a national survey by the MIT Election Data and Science Lab.

In a social media post last year, Trump said he is "going to lead a movement to get rid of MAIL-IN BALLOTS" and claimed that "ELECTIONS CAN NEVER BE HONEST WITH MAIL IN BALLOTS/VOTING."

This year, Trump himself voted by mail in Florida.

Editor's note: USPS is a financial supporter of NPR.

Edited by Benjamin Swasey

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