The Trump administration on Sunday filed another emergency appeal with the U.S. Supreme Court seeking to immediately implement new U.S. Postal Service mail ballot rules for November.
The application is not meaningfully different from the request the administration filed on Sept. 3, but comes in response to the federal judge handling the legal battle over new U.S. Postal Service mail ballot rules extending her block of the rules for the November midterm elections in an order issued on Friday, again finding them likely unlawful.
Judge Indira Talwani’s temporary order, which had been set to expire on Sept. 10, is now in place indefinitely unless the a higher court allows the Trump administration to put the rules into effect.
The judge found that immediate implementation of the rules this close to the November election, prompted by President Donald Trump’s executive order aimed at tightening access to mail ballots, “threatens disenfranchisement of millions of United States citizens who seek to vote by mail.”
Talwani concluded that the rules, which mandate nationwide mail ballot design and review requirements and state submission of a voter information database to USPS, are “unconstitutional where it intrudes not only on Congress’s Elections Clause powers but also that power left to the States.”
The decision ups the ante for the U.S. Supreme Court, which had already been asked to weigh in on Talwani’s preliminary injunction. A decision is expected as soon as the coming week.
Time is of the essence since some states have already begun mailing ballots for the fall election.
Trump, who has pushed unfounded claims of widespread mail ballot fraud, wants states to report to USPS basic voter information, such as a voter’s name and home address, attached to a unique barcode on every mail-in ballot distributed. Postal workers would then only deliver ballots addressed to voters who appear on the state-provided list.
Following the publication of the regulations last month, dozens of Democratic state attorneys general sued the Trump administration after an earlier lawsuit was blocked by the Supreme Court, which said at the time that the challenge was premature since the regulations hadn’t been finalized.
Judge Talwani wrote in her opinion Friday that the dispute was now ripe for judicial intervention.
“Nothing is hypothetical,” she said of the alleged harm to states, voters and voter advocacy groups ahead of the November election.
In its latest appeal to the justices, the Trump administration insisted the rules impose only “modest” ballot design and review requirements on states and that a requirement to submit name, address, and barcode information of intended recipients is not onerous or intrusive.
The states challenging the USPS rule have until Tuesday at 10 a.m. to formally respond before the Supreme Court makes a decision.
The states and voter advocacy groups have argued that the new USPS regulations are an attempt by the Trump administration to federalize elections, which are historically and constitutionally managed by each state, and make it harder to vote by mail for everyday citizens.
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