Dorothy

“USPS’s interest in correcting an unsubstantiated problem through likely unconstitutional means is dwarfed by the overwhelming risk of pervasive disenfranchisement of citizens who need access to mail ballots in order to vote,” she wrote.

“The USPS’s interest in correcting an unsubstantiated problem through likely unconstitutional means is dwarfed by the overwhelming risk of pervasive disenfranchisement of citizens who need access to mail ballots in order to vote. The balance of harms and public interest warrants a TRO,” Talwani wrote.

Trump often criticizes mail-in ballots, claiming without evidence there is rampant fraud even though they are widely used by Republicans and Democrats all across the country.

A report by the Brookings Institution published in 2025 found that mail voting fraud occurred in about four cases out of every 10m mail ballots cast.

The president has long targeted mail voting, which he falsely blames for his 2020 election loss even though he himself uses it to cast his ballot.

During the 2024 election, the USPS says it processed nearly 100 million ballots, and about 30% of voters nationwide cast ballots by mail, according to the states.

All 50 states allow for some form of mail-in voting, with 29 allowing voters to ask to cast ballots that way without providing a reason and eight conducting their elections entirely by mail. During the 2024 election, the Postal Service said it processed nearly 100 million ballots, and about 30% of voters nationwide cast ballots by mail, according to the states.

Trump has long targeted mail voting, which he falsely blames for his 2020 election loss and is disproportionately used by Democrats as a result of Trump’s condemnations. Since returning to power, Trump has tried to claim authority over election rules, saying he thinks Republicans should “take over” vote counting in Democratic areas.

They argue the new federal restrictions risk disenfranchising voters and would unduly burden states in the weeks running up to the election, forcing them to buy new envelopes and equipment, establish new systems and train staff.

She said absent the restraining order, states would have been forced to redesign their ballot mail envelopes, reorder those supplies, train election officials to comply with the new federal mandate and provide voter lists to the postal service, all before the election.

The whipsawing legal battle has major ramifications for the midterms. Nearly one-third of Americans vote by mail and election officials contend there isn’t enough time to revise their systems to comply with the new Postal Service directives.

The case will have a significant impact on November's midterms, as nearly one-third of Americans vote by mail and election officials argue there is not enough time to amend their systems to comply with the new directives.

The midterm elections are less than 70 days away, but a handful of outstanding legal cases in federal courts and at the Supreme Court could directly affect the elections on everything from mail-in voting and how much party committees will be forced to spend on television ads.

It remains unclear, however, 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.

The Democrat-backed effort would have allowed Maryland residents to vote on an amendment to the state constitution to let lawmakers redraw district maps ahead of the 2028 elections.

“In light of the state election officials’ unrebutted declarations that compliance with the final rule at this late date is impossible, the risk of irreparable harm to voters in those jurisdictions is grave,” she said.

Democrats and voting rights groups contend the demand is unconstitutional. The constitution, they note, grants states and, in some cases, Congress the power to make election rules – not the president or postal service.

A hearing in the case is scheduled for Sept. 3. Democrats and voting rights groups argue that the Postal Service rule and Trump’s order are unconstitutional. They say the Constitution grants states, as well as Congress in some cases, the authority to establish election rules, noting that the president and Postal Service do not have that power. USPS, however, says the rule does not determine voter eligibility or compare submissions with state voter rolls, and that states retain control over who may vote by mail.

The plaintiffs argue the Postal Service lacks authority to issue the rule and, by issuing it, usurped the authority states and Congress were given under the U.S. Constitution to regulate elections. They contend the rule also undermines the Postal Service's role as a neutral mail carrier and violates federal laws protecting voters' rights. (Reporting by Nate Raymond in Boston; Editing by Thomas Derpinghaus)

The case could soon be appealed back to the Supreme Court, days after the justices handed down a procedural decision that allowed the the administration to move ahead.

The Trump administration could now seek to quickly overturn her decision by rushing to the Supreme Court.

“Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” New York Attorney General Letitia James, one of 25 Democratic attorneys general filing the lawsuit, said in a statement. “USPS has no authority to decide who can and cannot vote by mail.”

Anne Arundel County Circuit Court Judge Robert J. Thompson on Wednesday enjoined the Maryland State Board of Elections from putting an amendment question on the Nov. 3 ballot that the legislature unlawfully conceived.