Judge again blocks Trump mail ballot executive order in ruling that’s likely to be swiftly appealed

An election worker sorts vote-by-mail ballots at the Miami-Dade County Supervisor of Elections Office for the Florida primary election in Doral, Fla., Tuesday, Aug. 18, 2026. (AP Photo/Lynne Sladky) By NICHOLAS RICCARDI Updated 4:11 AM MESZ, August 28, 2026 Add AP News on Google Add AP News as your preferred source to see more of our stories on Google. Share Share Facebook Copy Link copied Print Email X LinkedIn Bluesky Flipboard Pinterest Reddit A federal judge on Thursday halted — at least for now — attempts to implement President Donald Trump’s executive order limiting mail voting. The move stalled the directive for a second time only about a week before the first mail ballots are due to be sent out for the rapidly approaching midterm elections. U.S. District Court Judge Indira Talwani blocked the government from implementing the order for two weeks. The case could soon be appealed back to the Supreme Court, days after the justices handed down a procedural decision lifting an earlier ruling of Talwani’s that had blocked Trump’s order from taking effect. The ruling Thursday came after Democrats and voting rights groups refiled their lawsuits to comply with the recent Supreme Court decision. The high court’s conservative majority did not rule on the legality of Trump’s executive order, instead saying the legal challenges against it that led Talwani to initially freeze it were filed too soon. Now the administration has issued a formal rule governing whether the U.S. Postal Service will deliver states’ mail ballots, effectively restarting the legal fight. 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. Judge removes one hurdle for Trump mail voting order as states file new challenge before midterms 2 MIN READ Judge again bars Trump administration from implementing order that sought to limit mail voting 3 MIN READ Trump’s attacks on mail balloting and concerns over delays turn midterms spotlight on Postal Service 3 MIN READ The Postal Service says it won’t deliver mail ballots unless states provide a list of voters who should receive them and format the envelopes in a certain way. “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 Thursday. This site is protected by reCAPTCHA and the Google and Terms of Service apply. 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. That reasoning led courts to block Trump’s first executive order, issued last year, that sought to change election procedures, such as requiring documentary proof of citizenship to register. 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. Trump issued the executive order targeting mail voting, his second one related to elections since he returned from office, in March. Opponents quickly sued, but the administration argued the claims were premature because it hadn’t issued rules outlining how it would implement the order. The administration won an initial case in Washington, D.C., with that reasoning, but Talwani placed injunctions against implementing the order for the November midterms in two separate cases she heard in Boston. The Supreme Court’s conservative majority on Monday struck down one of those holds, finding it was premature. Talwani, nominated to the bench by President Barack Obama, removed the second injunction Wednesday. The plaintiffs then moved to refile their cases, citing the Postal Service’s publishing of its final rule, in hopes of winning a more durable victory. It’s likely the case will again end up in front of the high court.