The administration asks the Supreme Court to lift a new block on mail-ballot rules
On Sunday the solicitor general filed application 26A305, asking the justices to pause a September 4 injunction of Postal Service ballot-mail rules. That injunction covers elections on or before November 3. Sunday's filing is 58 days before that election.
23 statesplus D.C. and Pennsylvania's governor, as plaintiffs
Nov. 3federal election the injunction names
Story updated 2026-09-08.
This story rests on Executive Order 14399 as published in the Federal Register, the Postal Service's final rule (issued and effective August 21, published August 26), the Privacy Act notices for system USPS 820.225, Judge Talwani's August 25 and September 4 orders, the First Circuit's July 25 order, the four Supreme Court applications and their dockets, the August 24 opinion, Sauer's withdrawal letter, three September 8 amicus briefs, 2 U.S.C. 7, 52 U.S.C. 20302, the 2022 Election Assistance Commission survey, the Postal Service's 2021 settlement statement, the inspector general's 2026 primary audit, Senator Blumenthal's September 1 whistleblower release, the Postal Service's September 1 and September 4 statements, Trump v. CASA, and coverage checked against those records. The days on this page are counted from those dates. The figures come from the Federal Register PDFs, the court orders, and the survey.
The order first, then the rule, then the Court
What happened
On March 31, 2026, President Donald J. Trump signed Executive Order 14399, "Ensuring Citizenship Verification and Integrity in Federal Elections." Section 3 of that order directed the Postmaster General to start a rulemaking on mail-in and absentee ballots, including a proposed line that the Postal Service "shall not transmit" those ballots from anyone not enrolled on a state-specific list. The order set its own clock: any final rule "shall be issued no later than 120 days from the date of this order," which was July 29.11
On March 31, 2026, President Donald J. Trump signed Executive Order 14399, "Ensuring Citizenship Verification and Integrity in Federal Elections." Section 3 of that order directed the Postmaster General to start a rulemaking on mail-in and absentee ballots, including a proposed line that the Postal Service "shall not transmit" those ballots from anyone not enrolled on a state-specific list. The order set its own clock: any final rule "shall be issued no later than 120 days from the date of this order," which was July 29.11
11Executive Order 14399the USPS shall not transmit mail-120 days from the date of this order
An older case was already running. In August 2020 the NAACP sued the Postal Service over ballot delivery delays, and in December 2021 the two settled. The Postal Service's statement that day said it "agreed to continue to prioritize monitoring and timely delivery of Election Mail for future elections"; the final rule describes the same promise as running "through 2028." In 2026 the NAACP asked the D.C. federal court to enforce that settlement against the proposed rule. On July 1 that court found the proposed rule would violate the settlement and blocked it. On July 17 the D.C. Circuit, in what Talwani calls "a one-paragraph order," stayed that ruling: the government had "made a strong showing" that the challenge was not ripe with no final rule issued and that the order likely would not break the settlement. That appeal is pending. It is a contract case, not a constitutional one, it sits in Washington, not Boston, and it is not before the Supreme Court in 26A305. Now that a final rule exists, the ripeness point the D.C. Circuit relied on no longer holds in the same form.46251210
An older case was already running. In August 2020 the NAACP sued the Postal Service over ballot delivery delays, and in December 2021 the two settled. The Postal Service's statement that day said it "agreed to continue to prioritize monitoring and timely delivery of Election Mail for future elections"; the final rule describes the same promise as running "through 2028." In 2026 the NAACP asked the D.C. federal court to enforce that settlement against the proposed rule. On July 1 that court found the proposed rule would violate the settlement and blocked it. On July 17 the D.C. Circuit, in what Talwani calls "a one-paragraph order," stayed that ruling: the government had "made a strong showing" that the challenge was not ripe with no final rule issued and that the order likely would not break the settlement. That appeal is pending. It is a contract case, not a constitutional one, it sits in Washington, not Boston, and it is not before the Supreme Court in 26A305. Now that a final rule exists, the ripeness point the D.C. Circuit relied on no longer holds in the same form.46251210
The rule did not go straight from the order to the Federal Register. On June 2 the Postal Service published a proposed rule; more than 200,000 comments came in. On June 25 Talwani ruled for 23 states and the District of Columbia in their suit against the order, and on July 7 she entered a final judgment forbidding the named agencies from carrying out Sections 2 and 3, but only for those plaintiffs and only for elections through November 3. On July 25 the First Circuit refused to pause that judgment while the government appealed. Its order said the government and twelve intervening states argued "only that the Plaintiff States lack standing to bring their claims and that those claims are not ripe," and closed: "We deny their motions."1023
The rule did not go straight from the order to the Federal Register. On June 2 the Postal Service published a proposed rule; more than 200,000 comments came in. On June 25 Talwani ruled for 23 states and the District of Columbia in their suit against the order, and on July 7 she entered a final judgment forbidding the named agencies from carrying out Sections 2 and 3, but only for those plaintiffs and only for elections through November 3. On July 25 the First Circuit refused to pause that judgment while the government appealed. Its order said the government and twelve intervening states argued "only that the Plaintiff States lack standing to bring their claims and that those claims are not ripe," and closed: "We deny their motions."1023
On August 11, in the separate case brought by the League of Women Voters, Talwani entered a nationwide preliminary injunction. It barred the Postal Service defendants "from implementing, giving effect to, or enforcing Section 3" of the order for the November 3 election or any earlier one, and from "initiating or completing rulemaking" on the regulations the order described.10
On August 11, in the separate case brought by the League of Women Voters, Talwani entered a nationwide preliminary injunction. It barred the Postal Service defendants "from implementing, giving effect to, or enforcing Section 3" of the order for the November 3 election or any earlier one, and from "initiating or completing rulemaking" on the regulations the order described.10
On August 21 the Postal Service issued a final rule, Ballot Mail for Federal Elections, and made it effective that day. The rule was published in the Federal Register on August 26. It amends the Domestic Mail Manual. It requires official Election Mail logos, automation-compatible envelopes, unique Intelligent Mail barcodes, and an online Federal Ballot Mail Portal where election officials enroll the name, address, and barcodes of people they intend to send a ballot. That was 23 days after the order's own deadline. Both injunctions were still in force that Friday evening. The rule's own text said the Postal Service would not implement it for the 2026 election "unless and until the government obtains relief from those injunctions." It also says the Postal Service is exempt from notice-and-comment rulemaking under 39 U.S.C. 410(a) but invited comment anyway, and that it took effect at once because "Delaying the effective date would jeopardize implementation of this rule in time for the 2026 general election."122212
On August 21 the Postal Service issued a final rule, Ballot Mail for Federal Elections, and made it effective that day. The rule was published in the Federal Register on August 26. It amends the Domestic Mail Manual. It requires official Election Mail logos, automation-compatible envelopes, unique Intelligent Mail barcodes, and an online Federal Ballot Mail Portal where election officials enroll the name, address, and barcodes of people they intend to send a ballot. That was 23 days after the order's own deadline. Both injunctions were still in force that Friday evening. The rule's own text said the Postal Service would not implement it for the 2026 election "unless and until the government obtains relief from those injunctions." It also says the Postal Service is exempt from notice-and-comment rulemaking under 39 U.S.C. 410(a) but invited comment anyway, and that it took effect at once because "Delaying the effective date would jeopardize implementation of this rule in time for the 2026 general election."122212
Four days later Talwani ruled that issuing the rule broke her August 11 order. The League of Women Voters had moved to enforce the injunction. The government answered that the rule would not be enforced for 2026 unless the injunctions were lifted. Talwani wrote that those arguments "ignore the court's explicit directive not to" initiate or complete rulemaking, and that "the court finds that Defendants violated the preliminary injunction in this case." She imposed "no remedy other than identifying the violation."22
Four days later Talwani ruled that issuing the rule broke her August 11 order. The League of Women Voters had moved to enforce the injunction. The government answered that the rule would not be enforced for 2026 unless the injunctions were lifted. Talwani wrote that those arguments "ignore the court's explicit directive not to" initiate or complete rulemaking, and that "the court finds that Defendants violated the preliminary injunction in this case." She imposed "no remedy other than identifying the violation."22
Outbound mailings presented by election offices that do not comply "will not be accepted" and "will be returned" to the "authorized ballot mailer." Section 705.24.5 "does not apply to Return Federal Ballot Mail." Return envelopes still have design rules; the batch nonacceptance screen is the outbound procedure.12
Outbound mailings presented by election offices that do not comply "will not be accepted" and "will be returned" to the "authorized ballot mailer." Section 705.24.5 "does not apply to Return Federal Ballot Mail." Return envelopes still have design rules; the batch nonacceptance screen is the outbound procedure.12
The rule states an "express exclusion of UOCAVA ballots" from its scope. The Postal Service wrote that those voters "will experience no change" if the exemption is applied as written. UOCAVA covers uniformed and overseas voters under 52 U.S.C. 20302.1230
The rule states an "express exclusion of UOCAVA ballots" from its scope. The Postal Service wrote that those voters "will experience no change" if the exemption is applied as written. UOCAVA covers uniformed and overseas voters under 52 U.S.C. 20302.1230
The portal sits on a federal Privacy Act system, "USPS 820.225 Federal Ballot Mail." The July 17 notice places it at "USPS Headquarters, Supplier cloud" computing environment. The first category of records is "Mail in voter information: Name," address, unique Intelligent Mail barcode numbers, and originating election-office state. Records are retrievable by name, address, issuing state, and barcode, and "Records are retained for 5 years." A stated purpose is to help determine adherence to federal law and facilitate law-enforcement efforts. State and local officials load the rows, and not only officials: the rule defines a portal user as the state's chief election official and "any individual or entity, such as a mail service provider or an election official of that state or a political subdivision thereof, authorized by the chief election official" to enter information. "Voters themselves will not enroll," the rule says. What the rule does not set out is who inside that chain can see what, whether access is logged, what happens on a breach, or what a vendor keeps. The system is not a citizenship file. The Postal Service's September 1 response to comments said the system is effective with that publication.141512
The portal sits on a federal Privacy Act system, "USPS 820.225 Federal Ballot Mail." The July 17 notice places it at "USPS Headquarters, Supplier cloud" computing environment. The first category of records is "Mail in voter information: Name," address, unique Intelligent Mail barcode numbers, and originating election-office state. Records are retrievable by name, address, issuing state, and barcode, and "Records are retained for 5 years." A stated purpose is to help determine adherence to federal law and facilitate law-enforcement efforts. State and local officials load the rows, and not only officials: the rule defines a portal user as the state's chief election official and "any individual or entity, such as a mail service provider or an election official of that state or a political subdivision thereof, authorized by the chief election official" to enter information. "Voters themselves will not enroll," the rule says. What the rule does not set out is who inside that chain can see what, whether access is logged, what happens on a breach, or what a vendor keeps. The system is not a citizenship file. The Postal Service's September 1 response to comments said the system is effective with that publication.141512
12Postal Service final rule, Ballot Mail for Federal Electionssuch as a mail service provider or an election official of that state or a political subdivision thereof, authorized by the chief election officialVoters themselves will not enroll
On August 24 the Supreme Court granted application 26A124, staying the July judgment for the states. A stay is an order that pauses another court's order. The unsigned opinion said the government was likely to win its argument that the district court lacked jurisdiction: "Two related doctrines of justiciability block the States' suit," standing and ripeness, and the Court took "each challenged provision of the Order separately." On Section 3, the Postal Service directive, it held that the district court had relied on "a string of speculations" about a rule that had not yet issued, and wrote that "Federal courts review final rules, not proposed rules." The intervenor states' own application, 26A139, was "denied as moot" the same day. The opinion added that the disposition "does not mean that any measure taken by the Government to implement the Order will necessarily be lawful."918
On August 24 the Supreme Court granted application 26A124, staying the July judgment for the states. A stay is an order that pauses another court's order. The unsigned opinion said the government was likely to win its argument that the district court lacked jurisdiction: "Two related doctrines of justiciability block the States' suit," standing and ripeness, and the Court took "each challenged provision of the Order separately." On Section 3, the Postal Service directive, it held that the district court had relied on "a string of speculations" about a rule that had not yet issued, and wrote that "Federal courts review final rules, not proposed rules." The intervenor states' own application, 26A139, was "denied as moot" the same day. The opinion added that the disposition "does not mean that any measure taken by the Government to implement the Order will necessarily be lawful."918
9Per curiam opinion in Trump v. California, 26A124Two related doctrines of justiciability block the StatesFederal courts review final rules, not proposed rulesany measure taken by the Government to implement
That stay did not reach the August 11 injunction, which stood in the League of Women Voters case. On August 26, the day the rule was published, Talwani vacated that injunction. The same day, Sauer's application recounts, "the LWVMA respondents filed a supplemental complaint, and the California respondents filed a new action," both aimed at the issued rule, and both asked for a temporary restraining order. The August 27 order and the September 4 injunction come from those filings.1
That stay did not reach the August 11 injunction, which stood in the League of Women Voters case. On August 26, the day the rule was published, Talwani vacated that injunction. The same day, Sauer's application recounts, "the LWVMA respondents filed a supplemental complaint, and the California respondents filed a new action," both aimed at the issued rule, and both asked for a temporary restraining order. The August 27 order and the September 4 injunction come from those filings.1
On August 27 Talwani entered a temporary restraining order against mandatory parts of the new rule. On September 3 Sauer asked the Court, in application 26A297, to stay that order. The docket shows the application was submitted to Justice Jackson. She set a response for September 8. The emergency docket is the Court's fast track for those requests, usually without a full argument.4
On August 27 Talwani entered a temporary restraining order against mandatory parts of the new rule. On September 3 Sauer asked the Court, in application 26A297, to stay that order. The docket shows the application was submitted to Justice Jackson. She set a response for September 8. The emergency docket is the Court's fast track for those requests, usually without a full argument.4
On September 4 Talwani issued a preliminary injunction. A preliminary injunction is a court order that forbids someone from doing something while a lawsuit continues. This one names specific Domestic Mail Manual sections and applies to elections on or before November 3. She dissolved the August 27 temporary order the same day. These holdings are preliminary findings for that order, not a final judgment on the merits.10
On September 4 Talwani issued a preliminary injunction. A preliminary injunction is a court order that forbids someone from doing something while a lawsuit continues. This one names specific Domestic Mail Manual sections and applies to elections on or before November 3. She dissolved the August 27 temporary order the same day. These holdings are preliminary findings for that order, not a final judgment on the merits.10
Talwani wrote under "Likelihood of Success on the Merits" that the plaintiffs had established a substantial likelihood of success on their Elections Clause claim. She found the rule is an election rule that regulates the time, place, and manner of elections, and that it is unconstitutional where Congress has not authorized such a rule under the Elections Clause.10
Talwani wrote under "Likelihood of Success on the Merits" that the plaintiffs had established a substantial likelihood of success on their Elections Clause claim. She found the rule is an election rule that regulates the time, place, and manner of elections, and that it is unconstitutional where Congress has not authorized such a rule under the Elections Clause.10
She separately found the rule likely ultra vires, meaning beyond the agency's statutory authority: Congress has not authorized the Postal Service to make this election rule, and Title 39 does not grant that power.10
She separately found the rule likely ultra vires, meaning beyond the agency's statutory authority: Congress has not authorized the Postal Service to make this election rule, and Title 39 does not grant that power.10
She also found the rule likely creates a new category of nonmailable material, federal election mail, contrary to Title 39's scheme for what Congress has listed as nonmailable.10
She also found the rule likely creates a new category of nonmailable material, federal election mail, contrary to Title 39's scheme for what Congress has listed as nonmailable.10
The government contests those findings. In application 26A305, Sauer writes that "The Rule is a lawful and modest exercise" of rulemaking authority Congress delegated to the Postal Service, that "it regulates the U.S. Mail, not federal elections," and that "it does not regulate state administration of elections."1
The government contests those findings. In application 26A305, Sauer writes that "The Rule is a lawful and modest exercise" of rulemaking authority Congress delegated to the Postal Service, that "it regulates the U.S. Mail, not federal elections," and that "it does not regulate state administration of elections."1
The rule gives its own reason, which the order's finding of "no evidence relating to" fraudulent mail voting answers but does not quote: "Whether or not voter fraud is common or uncommon, the Postal Service has the legal authority to take the measures in this rule to facilitate enforcement of federal law, reduce the risk of fraud, and help protect the integrity of federal elections."1210
The rule gives its own reason, which the order's finding of "no evidence relating to" fraudulent mail voting answers but does not quote: "Whether or not voter fraud is common or uncommon, the Postal Service has the legal authority to take the measures in this rule to facilitate enforcement of federal law, reduce the risk of fraud, and help protect the integrity of federal elections."1210
She also found a conflict with state law that is larger than the citizenship question. California registers "confidential voters" whose information state law bars from any list; Arizona protects police officers, judges, and victims of sexual violence or stalking, and makes it a crime for election officials to release their information. Talwani wrote that the rule "directly conflicts with these state laws" and that the government made "no effort to explain how States can both comply with the requirement to upload voter information" and keep those addresses confidential. The Postal Service's answer on the record is the Privacy Act notice's stated law-enforcement purpose, not a carve-out for protected voters.1014
She also found a conflict with state law that is larger than the citizenship question. California registers "confidential voters" whose information state law bars from any list; Arizona protects police officers, judges, and victims of sexual violence or stalking, and makes it a crime for election officials to release their information. Talwani wrote that the rule "directly conflicts with these state laws" and that the government made "no effort to explain how States can both comply with the requirement to upload voter information" and keep those addresses confidential. The Postal Service's answer on the record is the Privacy Act notice's stated law-enforcement purpose, not a carve-out for protected voters.1014
10Memorandum and order granting a preliminary injunctiondirectly conflicts with these state lawsno effort to explain how States can both comply with the requirement to upload voter informationpolice officers, judges, or victims of sexual violence or stalking
On September 6 Sauer wrote the clerk that the United States was withdrawing 26A297, and he filed 26A305 against the new injunction. Jackson's order on that docket set any response for 4 p.m. Eastern on September 9. Sunday is 58 days before November 3, the federal election day named in the injunction and in 2 U.S.C. 7 as the Tuesday after the first Monday in November of an even-numbered year.229
On September 6 Sauer wrote the clerk that the United States was withdrawing 26A297, and he filed 26A305 against the new injunction. Jackson's order on that docket set any response for 4 p.m. Eastern on September 9. Sunday is 58 days before November 3, the federal election day named in the injunction and in 2 U.S.C. 7 as the Tuesday after the first Monday in November of an even-numbered year.229
From the order to the electionDated steps in the filings and dockets.
DateDecision
Mar 31Executive Order 14399 Directs a Postal Service rulemaking on mail-in and absentee ballots
Jun 2USPS proposes the rule Notice of proposed rulemaking; more than 200,000 comments follow
Jul 1Settlement case, Washington A D.C. judge finds the proposed rule would break the 2021 NAACP settlement and blocks it
Jul 17D.C. Circuit stays that order One paragraph: no final rule yet, and the order likely would not break the settlement
Jun 25Judgment for the states Talwani rules for 23 states and D.C.; final judgment July 7, elections through November 3
Jul 25First Circuit refuses a stay Standing and ripeness arguments rejected
Jul 27Applications 26A124 and 26A139 filed The government, then the intervenor states on July 29, ask the Court to stay that judgment
Aug 11Nationwide injunction In the League of Women Voters case: no implementing Section 3, no completing the rulemaking
Aug 21USPS issues the final rule Effective the same day, while both injunctions stand; 23 days after the order's own July 29 deadline
Aug 24The Court grants 26A124 Unsigned opinion: standing and ripeness, provision by provision; 26A139 denied as moot
Aug 25Violation found Talwani: completing the rulemaking violated the August 11 injunction; no remedy beyond saying so
Aug 26Rule published; the target changes Talwani vacates the August 11 injunction; new complaints aimed at the issued rule are filed the same day
Aug 27Temporary restraining order Judge Talwani pauses mandatory parts of the rule for 14 days
Sep 3Application 26A297 filed Stay of that temporary order, submitted to Justice Jackson
Sep 4Preliminary injunction Talwani enjoins named sections of the rule through November 3
Sep 626A297 withdrawn; 26A305 filed Stay of the September 4 injunction; response due September 9
Sep 8Three amicus briefs; inspector general review Members of Congress, the Society for the Rule of Law, Whistleblower Aid; the inspector general says it will review the allegations
Nov 3Federal election day The Tuesday after the first Monday in November
Sunday's application is the solicitor general's third stay request in this fight, and the fourth counting the intervenor states' 26A139, which the Court denied as moot on August 24.218
The enjoined Domestic Mail Manual sectionsWhat each named section of the August 26 rule requires, in the rule's own terms.
Section
What it requires
705.24.3.1
Outbound ballot envelopes must carry the official Election Mail logo, be automation-compatible, and bear the voter's unique Intelligent Mail barcode, and must be submitted for design review.
705.24.3.2
The same envelope standards for return ballot envelopes.
705.24.4.1
Each portal user must register. The state's chief election official authorizes users.
705.24.4.2
States that intend to receive mail ballots through the Postal Service must enroll each voter: name, address, outbound barcode, return barcode, and originating election-office state.
705.24.5.1
Before accepting an outbound mailing, the Postal Service reviews it against those enrollment records.
705.24.5.2, first two sentences
Outbound federal ballot mail is verified when presented for acceptance, and must be entered at a business-mail facility or a retail counter.
705.24.5.3(a), (b), and (c)
Outbound mailings that do not comply will not be accepted and will be returned to the authorized ballot mailer. The mailer may request further review. The Postal Service assumes no responsibility until a mailing is accepted.
The September 4 injunction names these sections and the first two sentences of 705.24.5.2. It does not enjoin 705.24.5.3(d). Separate from the injunction, section 705.24.5 "does not apply to Return Federal Ballot Mail."1012
Indira Talwani, U.S. district judge·September 4, 2026·Memorandum and order, District of Massachusetts
... the court finds, on one side, that immediate implementation of the Final Rule issued less than seventy days before the November 2026 election threatens disenfranchisement of millions of United States citizens who seek to vote by mail.10
Two weeks earlier, dissenting in the California case, Justice Ketanji Brown Jackson had described where the Court's emergency rulings leave election plaintiffs.9
Two weeks earlier, dissenting in the California case, Justice Ketanji Brown Jackson had described where the Court's emergency rulings leave election plaintiffs.9
Ketanji Brown Jackson, Supreme Court justice·August 24, 2026·Dissent in Trump v. California, 26A124
It also lets another shoe drop in the Kafkaesque nightmare that our precedents have been steadily creating for certain plaintiffs who seek to bring election-related challenges.9
The docket shows a friend-of-the-court brief from a bipartisan group of current and former members of Congress, entered September 8.19 The heading of its first argument is the whole case.13
The docket shows a friend-of-the-court brief from a bipartisan group of current and former members of Congress, entered September 8.19
The heading of its first argument is the whole case.13
The Sunday application asks the Court to stay the September 4 injunction pending appeal to the First Circuit and any later petition, and it asks for an immediate administrative stay, a short pause while the justices decide the full request. Sauer writes that the rule imposes "modest envelope-design and addressee-information requirements", and that states remain responsible for who may vote by mail.1
The injunction names Domestic Mail Manual sections 705.24.3.1, 705.24.3.2, 705.24.4.1, 705.24.4.2, 705.24.5.1, the first two sentences of 705.24.5.2, and 705.24.5.3(a), (b), and (c). Those are the envelope standards, portal registration and enrollment, and the noncompliance rules. It does not bar states from complying voluntarily. It does not enjoin the rule for elections after November 3.10
Days remaining to November 3, from each dated stepCounted from the dates in the filings to the election named in 2 U.S.C. 7 and in the injunction.
74 days run from the rule's August 21 effective date to November 3. 69 days run from August 26 publication to that election. Sunday's filing is 58 days before the election. September 19 is the UOCAVA statutory mailing date, 13 days after the filing; the rule excludes UOCAVA ballots, so that date is context, not a deadline under this rule.1230
Day counts are calendar days between those dates at UTC midnight. 74 is November 3 minus August 21. 69 is November 3 minus August 26. 58 is November 3 minus September 6. 45 is November 3 minus September 19.
The four stay applicationsFrom the Supreme Court dockets and Sauer's withdrawal letter.
Docket
Filed
Relief asked
What the Court did
26A124
July 27
Stay the injunction of Executive Order 14399
Granted August 24
26A139 (intervenor states)
July 29
Stay the same injunction
Denied as moot August 24
26A297
September 3
Stay the August 27 temporary restraining order of the USPS rule
Withdrawn September 6
26A305
September 6
Stay the September 4 preliminary injunction of the USPS rule
Response due September 9, 4 p.m.
26A139, a companion application by Alabama and other states in the first round, was denied as moot when 26A124 was granted.8
The Sunday application's caption lists 23 states, the District of Columbia, and Josh Shapiro, Governor of Pennsylvania, as plaintiffs. 12 states intervened on the government's side. Washington Attorney General Nick Brown's September 4 release said "25 states have secured a" preliminary injunction. That is the same coalition: Brown names 23 states, including Washington, plus the District of Columbia and Pennsylvania's governor. "25 states" is a loose label because the District of Columbia is not a state.144
The Sunday application's caption lists 23 states, the District of Columbia, and Josh Shapiro, Governor of Pennsylvania, as plaintiffs. 12 states intervened on the government's side. Washington Attorney General Nick Brown's September 4 release said "25 states have secured a" preliminary injunction. That is the same coalition: Brown names 23 states, including Washington, plus the District of Columbia and Pennsylvania's governor. "25 states" is a loose label because the District of Columbia is not a state.144
How far the injunction reaches is contested on its own. It binds the Postal Service for elections on or before November 3 and does not stop at the plaintiff states. In June 2025 the Supreme Court held in Trump v. CASA that universal injunctions "likely exceed the equitable authority that" Congress gave the courts, and allowed relief only as far as needed for "complete relief to each plaintiff with standing to sue." Sauer's application makes that argument here: "the California respondents alone are not entitled to universal relief against the Rule," and the states "cannot obtain relief nationwide" for ballots mailed by other states. The order's answer is the second case, brought by the League of Women Voters and other organizations with members across the country; Sauer says those groups have not shown standing at all. Whether one Postal Service rule can run in some states and not others, and whether the organizations' members need nationwide protection, are questions the Court could decide without reaching whether the rule is lawful.28110
How far the injunction reaches is contested on its own. It binds the Postal Service for elections on or before November 3 and does not stop at the plaintiff states. In June 2025 the Supreme Court held in Trump v. CASA that universal injunctions "likely exceed the equitable authority that" Congress gave the courts, and allowed relief only as far as needed for "complete relief to each plaintiff with standing to sue." Sauer's application makes that argument here: "the California respondents alone are not entitled to universal relief against the Rule," and the states "cannot obtain relief nationwide" for ballots mailed by other states. The order's answer is the second case, brought by the League of Women Voters and other organizations with members across the country; Sauer says those groups have not shown standing at all. Whether one Postal Service rule can run in some states and not others, and whether the organizations' members need nationwide protection, are questions the Court could decide without reaching whether the rule is lawful.28110
28Trump v. CASA, Inc., 606 U.S. 831 (2025)Universal injunctions likely exceed the equitable authority thatcomplete relief to each plaintiff with standing to sue
August 24 was a win on procedure, not on the rule. The Court stayed the judgment against the executive order on jurisdiction, provision by provision. For the Postal Service section it said the states' injury rested on a "string of speculations" about a rule that had not issued; the other sections fell on standing. The Postal Service had already issued that rule and made it effective on August 21, 3 days before the opinion. The 26A124 docket this story cites lists no filing between August 12 and the August 24 opinion, so the records do not show whether the justices were told the rule had issued before they wrote that it had not. The rule reached the Federal Register 2 days after the opinion, on August 26. Talwani then enjoined named sections of that rule. Sunday's application argues that the new injunction is "materially identical" to the August 27 temporary order and that the Postal Service is regulating mail, not elections.918
August 24 was a win on procedure, not on the rule. The Court stayed the judgment against the executive order on jurisdiction, provision by provision. For the Postal Service section it said the states' injury rested on a "string of speculations" about a rule that had not issued; the other sections fell on standing. The Postal Service had already issued that rule and made it effective on August 21, 3 days before the opinion. The 26A124 docket this story cites lists no filing between August 12 and the August 24 opinion, so the records do not show whether the justices were told the rule had issued before they wrote that it had not. The rule reached the Federal Register 2 days after the opinion, on August 26. Talwani then enjoined named sections of that rule. Sunday's application argues that the new injunction is "materially identical" to the August 27 temporary order and that the Postal Service is regulating mail, not elections.918
The dates leave little room. The executive-order chapter of this fight starts with the March 31 order and runs through a June proposed rule, a July judgment, and two August injunctions before the rule issued; the settlement chapter starts in 2020. Sunday's stay request was filed 58 days before the election the injunction names, and 3 days before Jackson's response deadline. September 19 is the UOCAVA statutory mailing date, 13 days after the filing; the rule's "express exclusion of UOCAVA ballots" means that date is not a deadline this rule imposes.212
The dates leave little room. The executive-order chapter of this fight starts with the March 31 order and runs through a June proposed rule, a July judgment, and two August injunctions before the rule issued; the settlement chapter starts in 2020. Sunday's stay request was filed 58 days before the election the injunction names, and 3 days before Jackson's response deadline. September 19 is the UOCAVA statutory mailing date, 13 days after the filing; the rule's "express exclusion of UOCAVA ballots" means that date is not a deadline this rule imposes.212
Plaintiff states named in the Sunday application: California, Massachusetts, Nevada, Washington, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Wisconsin. Also the District of Columbia; Josh Shapiro, Governor of Pennsylvania. Intervenors: Alabama, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas. Organization plaintiffs: League of Women Voters of Massachusetts; League of Women Voters Lotte E. Scharfman Memorial Education Fund; League of Women Voters of the United States; League of Women Voters Education Fund; Association of Americans Resident Overseas; U.S. Vote Foundation; OCA-Asian Pacific American Advocates; Delta Sigma Theta Sorority, Inc..1
Election offices, outbound ballots, and the next few days
Who feels it
The immediate dispute is narrower than mail voting as a whole. The rule reaches outbound ballot mailings that election offices present to the Postal Service for a general, special, or runoff election for federal office. Its definition "does not include primary elections." UOCAVA ballots are excluded. The verification section "does not apply to Return Federal Ballot Mail," so the envelope a voter sends back is outside it, and state-only elections are not federal elections under the rule. The injunction is what keeps the Postal Service from treating noncompliant outbound mailings as unaccepted for elections on or before November 3. If the Court stays that injunction, offices sending those outbound ballots would have to meet the envelope and portal rules while some of those mailings are already moving. Sauer's own line is that once envelopes "enter the mailstream, there is no retrieving them."112
The immediate dispute is narrower than mail voting as a whole. The rule reaches outbound ballot mailings that election offices present to the Postal Service for a general, special, or runoff election for federal office. Its definition "does not include primary elections." UOCAVA ballots are excluded. The verification section "does not apply to Return Federal Ballot Mail," so the envelope a voter sends back is outside it, and state-only elections are not federal elections under the rule. The injunction is what keeps the Postal Service from treating noncompliant outbound mailings as unaccepted for elections on or before November 3. If the Court stays that injunction, offices sending those outbound ballots would have to meet the envelope and portal rules while some of those mailings are already moving. Sauer's own line is that once envelopes "enter the mailstream, there is no retrieving them."112
What was old, what is new. The envelope half of the rule is not new practice. The Postmaster General wrote that "The USPS has recommended both aspects for years (see the USPS Kit 600)," that states from Oregon to Florida already prepare ballots that way, and that the House passed a bill requiring a unique barcode and envelope design in 2024 by 396 to 6. On the list half he wrote that the state-provided list "is merely a list of voters that a State says are receiving a ballot through the mail" and that "matching a manifest to the actual shipped product is also not fundamentally new." What is new is the word must: recommended designs become conditions of acceptance, every mail voter's name and address goes into a federal system kept five years, and a mailing that fails the check "will not be accepted." The dispute is not ordinary mail against new technology; it is voluntary practice made mandatory, plus a records system, weeks before ballots move.211214
What was old, what is new. The envelope half of the rule is not new practice. The Postmaster General wrote that "The USPS has recommended both aspects for years (see the USPS Kit 600)," that states from Oregon to Florida already prepare ballots that way, and that the House passed a bill requiring a unique barcode and envelope design in 2024 by 396 to 6. On the list half he wrote that the state-provided list "is merely a list of voters that a State says are receiving a ballot through the mail" and that "matching a manifest to the actual shipped product is also not fundamentally new." What is new is the word must: recommended designs become conditions of acceptance, every mail voter's name and address goes into a federal system kept five years, and a mailing that fails the check "will not be accepted." The dispute is not ordinary mail against new technology; it is voluntary practice made mandatory, plus a records system, weeks before ballots move.211214
What the whistleblower alleged. An anonymous USPS whistleblower, in a disclosure Senator Richard Blumenthal released on September 1, said the portal work was rushed and siloed, that the project parts "have not undergone meaningful testing," and that USPS adopted a "zero-percent failure threshold" under which one failed barcode could return an entire batch: "if a barcode scanner fails to correctly read one barcode in a batch, the entire batch is rejected and returned to the state." Those are allegations, not established facts.16
What the whistleblower alleged. An anonymous USPS whistleblower, in a disclosure Senator Richard Blumenthal released on September 1, said the portal work was rushed and siloed, that the project parts "have not undergone meaningful testing," and that USPS adopted a "zero-percent failure threshold" under which one failed barcode could return an entire batch: "if a barcode scanner fails to correctly read one barcode in a batch, the entire batch is rejected and returned to the state." Those are allegations, not established facts.16
What a second account said. ProPublica reported on September 2, from a person familiar with the internal meetings, that "Some in the meetings recommended trying to limit harm to voters by not rejecting the entire batch." Two people who attended a committee meeting told ProPublica that, on the example of Maricopa County's initial mailing, "USPS officials confirmed it was possible that one ballot with a bad barcode or wrong voter information within the more than 2 million ballots could delay the entire mailing." That account is separate from the whistleblower's and is also anonymous.45
What a second account said. ProPublica reported on September 2, from a person familiar with the internal meetings, that "Some in the meetings recommended trying to limit harm to voters by not rejecting the entire batch." Two people who attended a committee meeting told ProPublica that, on the example of Maricopa County's initial mailing, "USPS officials confirmed it was possible that one ballot with a bad barcode or wrong voter information within the more than 2 million ballots could delay the entire mailing." That account is separate from the whistleblower's and is also anonymous.45
What the whistleblower's lawyers told the Court. On September 8 Whistleblower Aid filed an amicus brief on the 26A305 docket. It describes two chokepoints: a portal check before a batch reaches a post office, and a counter check where clerks scan a sample. It says "the verification standard is zero percent failure," that "the unit of rejection is the batch, not the ballot," and that the systems as designed "reject entire batches of ballots if they find even a single mismatch." The sampling schedule it quotes from the disclosure, still provisional a week before the planned September 1 launch, is in the table below.20
What the whistleblower's lawyers told the Court. On September 8 Whistleblower Aid filed an amicus brief on the 26A305 docket. It describes two chokepoints: a portal check before a batch reaches a post office, and a counter check where clerks scan a sample. It says "the verification standard is zero percent failure," that "the unit of rejection is the batch, not the ballot," and that the systems as designed "reject entire batches of ballots if they find even a single mismatch." The sampling schedule it quotes from the disclosure, still provisional a week before the planned September 1 launch, is in the table below.20
Pieces scanned per batch, per the disclosureAs quoted in the Whistleblower Aid brief. Provisional numbers; the rule itself does not mention sampling.
Batch size
Pieces sampled
Under 1,000 ballots
15
1,000 to 10,000
350
More than 10,000
400
From page 11 of the brief: "15 sampled pieces from a batch under 1,000; 350 from a batch of 1,000 to 10,000; and 400 from a batch above 10,000." The brief adds that the rule "does not mention sampling, though it assumes it." We hold the brief, not the disclosure's own text.20
What the Postal Service said. On September 1 the Postal Service said it had "spent months developing a U.S. Federal Ballot Mail Portal," that the work "has at all times been conducted in a manner consistent with court orders," that it was "finalizing the portal" for officials who "voluntarily wish to familiarize themselves," and that "verification procedures prior to acceptance are not being performed."17
What the Postal Service said. On September 1 the Postal Service said it had "spent months developing a U.S. Federal Ballot Mail Portal," that the work "has at all times been conducted in a manner consistent with court orders," that it was "finalizing the portal" for officials who "voluntarily wish to familiarize themselves," and that "verification procedures prior to acceptance are not being performed."17
What the Postmaster General said. On September 4 David Steiner answered the whistleblower directly. He wrote that the state-provided list "is merely a list of voters that a State says are receiving a ballot through the mail," that "Testing and validation have been continuous throughout the development lifecycle," that "our standards for quality, security, and system integrity were not compromised," and that "our process requires that deployment be delayed whenever significant defects or security vulnerabilities are identified." He did not say what was tested or publish results.21
What the Postmaster General said. On September 4 David Steiner answered the whistleblower directly. He wrote that the state-provided list "is merely a list of voters that a State says are receiving a ballot through the mail," that "Testing and validation have been continuous throughout the development lifecycle," that "our standards for quality, security, and system integrity were not compromised," and that "our process requires that deployment be delayed whenever significant defects or security vulnerabilities are identified." He did not say what was tested or publish results.21
What would settle it. Test reports, a defect list, the sampling specification, or a production record. Neither side has put any of those on a docket this story cites. Until one does, the readiness of the portal is a contested claim on both sides, not a fact. The first independent look is now on the calendar: on September 8 the Postal Service's Office of Inspector General said it plans "an independent review of these allegations." It has published nothing yet. Its audit of the 2026 primaries, which did not evaluate the rule, found on-time election-mail processing "ranging from 97.75 to 98.99 percent" from February through May, and said the office would "cover allegations received at the end of August 2026 in subsequent work." That is the baseline the portal would be added to.20214727
What would settle it. Test reports, a defect list, the sampling specification, or a production record. Neither side has put any of those on a docket this story cites. Until one does, the readiness of the portal is a contested claim on both sides, not a fact. The first independent look is now on the calendar: on September 8 the Postal Service's Office of Inspector General said it plans "an independent review of these allegations." It has published nothing yet. Its audit of the 2026 primaries, which did not evaluate the rule, found on-time election-mail processing "ranging from 97.75 to 98.99 percent" from February through May, and said the office would "cover allegations received at the end of August 2026 in subsequent work." That is the baseline the portal would be added to.20214727
What the court found. Talwani wrote that the "Portal is not currently operational" and that the "absence of an appeals or escalation process" supported the states' irreparable-harm claim. The compressed approval and enrollment process, she found, supported blocking mandatory use through November 3.10
What the court found. Talwani wrote that the "Portal is not currently operational" and that the "absence of an appeals or escalation process" supported the states' irreparable-harm claim. The compressed approval and enrollment process, she found, supported blocking mandatory use through November 3.10
What a refused batch means, step by step. The rule does not say a refused ballot is dead. It says a mailing that fails verification "may be temporarily rejected (and thus not permitted to enter the mailstream), any errors may be corrected and the mailpieces will thereafter be accepted for mailing." So the chain runs: the batch is refused; the office finds and fixes the error and presents the batch again; the mailing goes out late; a voter gets the ballot late or not in time; whether that voter can still vote depends on state law. The plaintiffs' case is that the middle steps are not realistic on this calendar: whole batches turned back for one mismatch, envelopes that take "four to sixteen weeks" to reprint, and, in Talwani's words, the "absence of an appeals or escalation process." A refused batch is a delay first and a lost vote only if the delay outruns the calendar.1210
What a refused batch means, step by step. The rule does not say a refused ballot is dead. It says a mailing that fails verification "may be temporarily rejected (and thus not permitted to enter the mailstream), any errors may be corrected and the mailpieces will thereafter be accepted for mailing." So the chain runs: the batch is refused; the office finds and fixes the error and presents the batch again; the mailing goes out late; a voter gets the ballot late or not in time; whether that voter can still vote depends on state law. The plaintiffs' case is that the middle steps are not realistic on this calendar: whole batches turned back for one mismatch, envelopes that take "four to sixteen weeks" to reprint, and, in Talwani's words, the "absence of an appeals or escalation process." A refused batch is a delay first and a lost vote only if the delay outruns the calendar.1210
September 4: North Carolina, Sauer told the Court, had already begun mailing ballots. NPR, writing the day before, said the state had to start mailing absentee ballots on Friday.139
Mailing dates Sauer namedFrom the September 6 application, and the overseas-ballot date in the injunction record.
Who
When
North Carolina
Already begun, as of the September 6 filing
Alabama
September 9
At least five states
Week of September 13
Uniformed and overseas voters (UOCAVA)
September 19 is the statutory mailing date for a validly requested absentee ballot. The Postal Service rule excludes UOCAVA ballots; that date is not a deadline under this rule.
Sauer wrote that ballots had already begun to be mailed in North Carolina, with Alabama on September 9 and at least five states the week of September 13. The UOCAVA row is the statutory date; the rule's "express exclusion of UOCAVA ballots" keeps that date off the rule's calendar.112
How many ballots. Talwani's order says "millions" without a national count, and none exists yet for 2026. Two things do exist. The states' own forecasts are in the injunction record: California expects to mail "more than 23 million" ballots, Washington "approximately 5.1 million," Colorado "more than 4,000,000," Oregon "approximately 3 million." The order also says the rule would reach "10,000 different election jurisdictions" and that printing new envelopes takes "four to sixteen weeks." For scale, the last midterm's federal survey counted 61,460,139 mail ballots sent in 2022 and 36,683,450 returned. That is a baseline from a different year, not a forecast for this one.1024
How many ballots. Talwani's order says "millions" without a national count, and none exists yet for 2026. Two things do exist. The states' own forecasts are in the injunction record: California expects to mail "more than 23 million" ballots, Washington "approximately 5.1 million," Colorado "more than 4,000,000," Oregon "approximately 3 million." The order also says the rule would reach "10,000 different election jurisdictions" and that printing new envelopes takes "four to sixteen weeks." For scale, the last midterm's federal survey counted 61,460,139 mail ballots sent in 2022 and 36,683,450 returned. That is a baseline from a different year, not a forecast for this one.1024
What eight states told the court they will mailForecasts from state declarations quoted in the September 4 order. Largest first.
State
Ballots to be mailed, 2026 general
California
more than 23 million
Washington
about 5.1 million
Colorado
more than 4 million
Arizona
about 3.2 million
Oregon
about 3 million
Nevada
about 2.1 million
Michigan
at least 1.9 million
Massachusetts
about 1 million
Pages 32 and 33 of the order, footnote 37, quoting the declarations filed in the states' second case. Arizona's figure includes UOCAVA voters, which the rule excludes. The 2022 survey figures are from page 22 of the Election Assistance Commission report: 59.7 percent of ballots sent were returned.1024
Election offices that use the mail would have to reprint envelopes, load the portal, and certify designs if the stay is granted. Talwani wrote that the record includes "no evidence relating to" fraudulent mail voting to support rushing the rule. The injunction leaves voluntary compliance open.10
Election offices that use the mail would have to reprint envelopes, load the portal, and certify designs if the stay is granted. Talwani wrote that the record includes "no evidence relating to" fraudulent mail voting to support rushing the rule. The injunction leaves voluntary compliance open.10
What the coverage got right, and what it got wrong
Sunday's story ran on the Associated Press wire and on PBS and CNBC in that form, on CBS with a shorter "President Trump" line, and in separate writes at NBC and The Hill. Thursday's application had its own Hill, CBS, and NPR stories. The errors below are the ones the filings contradict.3134
Sunday's story ran on the Associated Press wire and on PBS and CNBC in that form, on CBS with a shorter "President Trump" line, and in separate writes at NBC and The Hill. Thursday's application had its own Hill, CBS, and NPR stories. The errors below are the ones the filings contradict.3134
Six outlet cards: four mislabeled, one that checks out, one consistent.
NBC News, September 6, 2026
wrote that the rule would let the Postal Service “potentially reject ballots that are sent to and from voters not included in a federal database.”
Mislabeled. Half of it.
The 'to' half checks out: USPS 820.225 is a federal Privacy Act system that records names, addresses, issuing states, and barcodes, keeps them for five years, and an outbound batch can be refused if the rows or barcodes do not match. The 'from' half does not: the verification section 'does not apply to Return Federal Ballot Mail,' the envelope a voter sends back, and 'Voters themselves will not enroll.' The system holds rows about voters; it does not decide who may vote, and it is not a citizenship file.
wrote on Sunday that Sauer asked the justices to “permit the administration to bar the U.S. Postal Service from sending mail-in ballots to residents of states that have not submitted a list of eligible voters based on citizenship data.”
Mislabeled. The Sunday application asks the Court to stay the September 4 injunction of the Postal Service rule.
The portal fields in the rule are name, address, barcodes, and originating state. The citizenship list is section 2 of the executive order. The 40-page count and the withdrawal of Thursday's application check out. Talwani's order covers elections on or before November 3; The Hill also wrote that she halted the plan 'while lower courts decided on the policy,' which is how long the injunction lasts during the case, not a claim about later elections.
wrote that Talwani extended an order against the Postal Service “enforcing President Donald Trump's executive order.” PBS NewsHour and CNBC carried the same dispatch.
Mislabeled. The Sunday filing asks a stay of the September 4 injunction of the Postal Service rule.
The August 24 Supreme Court stay had already paused the injunction of the executive order. The third-time count, the Sauer quotes, and the North Carolina mailing line check out against 26A305.
wrote that Talwani extended an order against the Postal Service “enforcing President Trump's executive order.”
Mislabeled. Same mismatch as the Associated Press dispatch: the September 4 injunction names sections of the Postal Service rule, not the March executive order.
wrote on September 3 that the Court had lifted the judge's block on the executive order itself, and that she had now blocked the Postal Service's final plan.
Consistent with 26A124 and the August 27 temporary order then before the Court.
Checks out. It was checked the same way: the injunction order and the two applications.
NPR, September 3, 2026, wrote on September 3 that key parts of the USPS plan were blocked by a temporary restraining order, that voting by mail was still available to eligible voters, and that the August ruling was on a procedural question.Checks out against the August 27 order then in force, 26A124's ripeness holding, and the September 3 docket.39
The coverage's claim: the administration is asking the Court to let it enforce the March executive order for the midterms
Too broad. Application 26A305 asks a stay of the September 4 injunction of named sections of the Postal Service rule issued August 21 and published August 26. The March order's own injunction was stayed on August 24, and that opinion said the stay did not decide whether later implementing measures would be lawful. The injunction the Court is being asked to lift reaches mandatory outbound envelope standards and review; mandatory return-envelope standards and review; mandatory portal registration; mandatory voter enrollment; outbound verification; the first two sentences of the presentation rules; the nonacceptance, further-review, and no-responsibility clauses; and further preparatory steps to implement those sections.110
Both are true as dates. The new block is the September 4 injunction. The earlier appeal that "another" points to is 26A297 on Thursday, and behind that 26A124 in July.4
Both are true as dates. The new block is the September 4 injunction. The earlier appeal that "another" points to is 26A297 on Thursday, and behind that 26A124 in July.4
November 3, 2026, minus September 6 is 58 days. Minus September 4 is 60. Minus September 3 is 61. Minus August 26 (publication) is 69. Minus August 21 (effective date, rule line 73) is 74. Minus March 31 is 217. September 19 minus September 6 is 13. November 3 minus September 19 is 45, the statutory 45-day overseas and military ballot date when a valid request arrived in time; the rule excludes UOCAVA ballots. August 26 minus August 24 is 2. August 24 minus August 21 is 3. Plaintiff states were counted from the parties list in 26A305: 23 named states, plus the District of Columbia and the Pennsylvania governor, and 12 named intervenors.
After Sunday
What happened next
On September 8 the 26A305 docket added three amicus briefs: from bipartisan current and former members of Congress, from the Society for the Rule of Law, and, in the evening, from Whistleblower Aid. The Congress brief argues that the order and final rule usurp Congress's constitutional role as the ultimate authority on federal-election administration. The Society for the Rule of Law brief argues that in the Help America Vote Act, the National Voter Registration Act, and the Voting Rights Act, "Congress specifically preserved authority concerning these election practices" for the states, and that a provision of the Help America Vote Act "specifically superseded resort to all the Title 39 non-election provisions on which Applicants" rely. The Whistleblower Aid brief puts the disclosure's account of batch rejection and sampling before the justices. Jackson's response deadline remains 4 p.m. on September 9; as of Tuesday evening the docket showed no response and no stay order.131926
On September 8 the 26A305 docket added three amicus briefs: from bipartisan current and former members of Congress, from the Society for the Rule of Law, and, in the evening, from Whistleblower Aid. The Congress brief argues that the order and final rule usurp Congress's constitutional role as the ultimate authority on federal-election administration. The Society for the Rule of Law brief argues that in the Help America Vote Act, the National Voter Registration Act, and the Voting Rights Act, "Congress specifically preserved authority concerning these election practices" for the states, and that a provision of the Help America Vote Act "specifically superseded resort to all the Title 39 non-election provisions on which Applicants" rely. The Whistleblower Aid brief puts the disclosure's account of batch rejection and sampling before the justices. Jackson's response deadline remains 4 p.m. on September 9; as of Tuesday evening the docket showed no response and no stay order.131926
Also on September 8, the Postal Service's Office of Inspector General, which is separate from the Postal Service, said in a statement carried by Democracy Docket that it had "received the whistleblower allegations" about the Postal Service's implementation of the executive order and was "currently analyzing the information and plan to conduct an independent review of these allegations." Reuters reported the same plan the same day. The office did not call it an investigation, set no date, and has published no finding. The announcement does not say the allegations are true; it says someone outside the dispute will look.4748
Also on September 8, the Postal Service's Office of Inspector General, which is separate from the Postal Service, said in a statement carried by Democracy Docket that it had "received the whistleblower allegations" about the Postal Service's implementation of the executive order and was "currently analyzing the information and plan to conduct an independent review of these allegations." Reuters reported the same plan the same day. The office did not call it an investigation, set no date, and has published no finding. The announcement does not say the allegations are true; it says someone outside the dispute will look.4748
Watching: the September 9 responses, any administrative stay, whether Alabama mails on the date Sauer named, what the inspector general publishes, and the D.C. Circuit's settlement appeal now that a final rule exists.1
Watching: the September 9 responses, any administrative stay, whether Alabama mails on the date Sauer named, what the inspector general publishes, and the D.C. Circuit's settlement appeal now that a final rule exists.1
Whether respondents filed on September 9, and whether any administrative stay or full stay has issued. The docket as of the evening of September 8 shows Jackson's 4 p.m. Eastern deadline, not a response or a stay order.2
The official First Circuit dockets in Nos. 26-2029 and 26-2031, including any September 7 filings or order. The Sunday application lists stay motions filed September 5 in those numbers. The Circuit's order is not in any record this story cites.1
Whether the Postal Service produced the records Senator Blumenthal asked for by September 8. His letter set that date; no production appears in any record this story cites.16
Which five states Sauer meant by "the week of September 13" in the Sunday application. The Thursday application named Indiana, Florida, Michigan, Nevada, and Wisconsin among "at least 16 more States" if the temporary order were extended.13
How many mail ballots each plaintiff state has already sent. Sauer names North Carolina as having begun; the application does not give a count. The state forecasts above are forecasts.1
Whether the portal works. The whistleblower's lawyers say the systems were "still inoperable" at the September hearing; the Postmaster General says testing was continuous. No test report, defect list, or Postal Service sampling specification is on any docket this story cites; the brief's sampling numbers are the disclosure's, not the agency's.2021
The D.C. court's July 1 order, the D.C. Circuit's July 17 stay, the August 26 order vacating the August 11 injunction, and the 2021 settlement text. This story cites the September 4 order's and the application's descriptions of them, not the orders themselves.101
Whether anyone told the Court before August 24 that the rule had issued on August 21. The 26A124 docket this story cites has no entry between August 12 and the opinion.8
11Executive Order 14399 · signed March 31, published April 3, 2026 · the March 31 order, section 3 shall-not-transmit line, citizenship list
12Postal Service final rule, Ballot Mail for Federal Elections · 91 Fed. Reg. 54,966, August 26, 2026 · the rule issued and effective August 21 and published August 26, including the outbound nonacceptance line, the UOCAVA exclusion, and the return-mail carve-out
28Trump v. CASA, Inc., 606 U.S. 831 (2025) · Supreme Court of the United States · the limit on nationwide injunctions the government invokes against the September 4 order
Meanwhile, USPS submitted a declaration to the district court today explaining that the Portal is not yet functional and will not be available until, at the earliest, “sometime next week.”
On July 7, 2026, the district court granted a seven-day administrative
Injunction status
This record does not yet establish one current value.
TRO status
(2) Defendants’ counsel must, within 24 hours after receiving service of this Order: (i) provide written notice of this Order to the USPS Defendants and their employees; (ii) notify all such recipients that they are required to comply with this Order, under penalty of contempt; and (iii) file on the docket by the next business day a copy of the notice and/or communications referred to in (i)–(ii).
The USPS reported that it had received over 200,000 comments from citizens; postal unions; federal, state, local, and tribal officials; election officials; voting rights organizations; and other issue-based and political advocacy groups.
On August 27, 2026, the court granted a temporary restraining order (“TRO”), enjoining USPS from implementing mandatory sections of the Final Rule for fourteen days.
(2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an absent uniformed services voter or overseas voter, if the application is received by the appropriate State election official not less than 30 days before the election;
Ballot transmission deadline
This record does not yet establish one current value.
Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Election Assistance Commission (established under the Help America Vote Act of 2002 [ 52 U.S.C. 20901 et seq. ]) on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public.
Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication-
In a 40-page emergency application, Solicitor General D. John Sauer asked the justices to immediately permit the administration to bar the U.S. Postal Service from sending mail-in ballots to residents of states that have not submitted a list of eligible voters based on citizenship data.
Election countdown
This record does not yet establish one current value.
Challenging states
This record does not yet establish one current value.
Days effective to election
74 days
Computed: November 3, 2026 minus August 21, 2026 = 74 days.
November 3, 2026 · U.S. District Court for the District of Massachusetts
elections occurring before or on November 3, 2026
Read the sourceAugust 21, 2026 · United States Postal Service
Voting by mail is still available to all voters who are eligible for it in their states, and USPS is expected to deliver mail-in ballots for the midterm election as usual.
“The injunction entered by the United States District Court for the District of Massachusetts in case No. 1:26–cv–11581 is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit”Associated Press reported on September 6; PBS NewsHour reported on September 4; The Hill reported on September 3; The Hill reported on September 6; U.S. District Court for the District of Massachusetts reported on September 4
What changed since
On 2026-08-24, Supreme Court of the United States reported “The injunction entered by the United States District Court for the District of Massachusetts in case No. 1:26–cv–11581 is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit”; on 2026-09-03, The Hill reported “Now, the judge has blocked the Postal Service’s final plan.”. Earlier report; Later report.
On 2026-08-24, Supreme Court of the United States reported “The injunction entered by the United States District Court for the District of Massachusetts in case No. 1:26–cv–11581 is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit”; on 2026-09-03, The Hill reported ““The district court temporarily blocked the rule’s key provision while it decides the request for preliminary relief through an order set to expire within days.”. Earlier report; Later report.
On 2026-08-24, Supreme Court of the United States reported “The injunction entered by the United States District Court for the District of Massachusetts in case No. 1:26–cv–11581 is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit”; on 2026-09-04, PBS NewsHour reported “A federal judge on Friday extended her prohibition against the U.S. Postal Service implementing President Donald Trump's executive order seeking to limit mail voting during the midterms, putting another major obstacle in the way of the administration as the first states begin sending out mail ballots.”. Earlier report; Later report.
On 2026-08-24, Supreme Court of the United States reported “The injunction entered by the United States District Court for the District of Massachusetts in case No. 1:26–cv–11581 is stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit”; on 2026-09-06, The Hill reported “The preliminary injunction that is now in place preserves the voting procedures that Americans have relied on for decades.”. Earlier report; Later report.
On 2026-09-03, Supreme Court of the United States reported “Response to application (26A297) requested by Justice Jackson, due by 10 a.m. (EDT), on September 8, 2026.”; on 2026-09-06, Supreme Court of the United States reported “It is hereby ordered that any response to the new application (26A305) be filed by 4 p.m. (EDT) on September 9, 2026.”. Earlier report; Later report.
Supreme Court docket 26A297 · Original record. The evidence is the Supreme Court's docket record for application 26A297.
Per curiam opinion in Trump v. California, 26A124 · Original record. The evidence is the Supreme Court's per curiam opinion and disposition of the stay applications in Trump v. California and Alabama v. California.
Supreme Court docket 26A124 · Original record. The evidence is the Supreme Court's official docket for Application No. 26A124.
Executive Order 14399 · Original record. The evidence is the Federal Register text of Executive Order 14399, the development recorded by the default event.
2 U.S.C. 7, election day · Original record. This is the Office of the Law Revision Counsel text of 2 U.S.C. §7, the legal record governing the election-day development.
Letter withdrawing application 26A297 · Original record. This DOJ Solicitor General letter is the primary record of the United States withdrawing its September 3 stay application in USPS v. California.
Opposition to the 26A297 administrative stay · Original record. This is the September 3, 2026 opposition filing in the Supreme Court administrative-stay matter concerning USPS's federal-election ballot-mail rule.