Dorothy

The Supreme Court previously allowed the plan to move ahead on procedural grounds, but hasn’t decided whether it’s legal. The U.S. 1st Circuit Court of Appeals will next consider the case, though it could soon be back before the nation’s highest court.

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

Since then, the administration has issued a formal rule intended to govern whether the US Postal Service will deliver states’ mail ballots – effectively restarting the legal fight.

The whipsawing legal battle could have 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.

"Plaintiff states have neither time nor funds to design new mail ballots, seek approval of the new designs, order production of mail ballots, update their own election management systems, train election officials to use the USPS portal and upload citizen data to the portal, all before the midterms," Talwani wrote in Thursday's ruling.

The plaintiffs didn’t have immediate comment on the appeal. U.S. District Court Judge Indira Talwani found that states don’t have the time or money to design and produce new ballots, update their systems and train officials to upload voter data to the Postal Service in the short time before the midterm elections.

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

According to a 2025 report by the Brookings Institution, mail-in voting fraud was recorded in only about four cases out of every 10 million mail ballots cast, contradicting claims by Trump and his allies that election fraud is widespread. The analysis covered general elections from 2016 through 2022 and relied in part on a database that its source says is not comprehensive.

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.

“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.