The Supreme Court leaves the mail-ballot rule blocked
The Postal Service's new rule told election offices to mail ballots in approved envelopes with a barcode for every voter and to enroll each ballot recipient in an online portal, and said outbound ballot mailings that did not comply would be returned to the authorized ballot mailer, an election official or a mail service provider that official has authorized to send the ballots; the check did not apply to voters' returned ballots. On September 14 the Supreme Court refused the government's request to lift a judge's block on those requirements, so they stay blocked for elections through November 3, 50 days later. The Court did not rule on the March executive order behind the rule, and the one justice who explained a vote to deny the stay wrote that the Postal Service may well have the power to issue such a rule for a later election.
Blockedthe rule's envelope, barcode and portal requirements, through November 3
50 daysfrom the Court's refusal to November 3
2 justicesdissented in public: Alito, joined by Thomas
Stoppedwork on the portal, the Postmaster General said September 17
Story updated 2026-09-18.
This story rests on the Court's September 14 order and the docket as updated that day, Judge Talwani's September 4 injunction and her August 25 order finding a violation, the First Circuit's September 10 order, Judge Carl Nichols's September 13 opinion in Washington, the executive order, the Postal Service's rule and its September 1 and September 4 statements, the government's September 6 application and the briefs answering it, the Postal Service's election-mail page as it read on September 18, the Associated Press interview of September 17, the inspector general's September 4 primary-mail audit, and coverage checked against those records. The days on this page are counted from those dates.
The request, the order, and the two signed opinions
What happened
On September 14 the Supreme Court refused the government's emergency request to pause Talwani's block while the appeal goes on. The request had been presented to Justice Ketanji Brown Jackson on September 6, and she referred it to the full Court. The order is unsigned and three sentences long, and the docket entry for that night is the order itself.25
On September 14 the Supreme Court refused the government's emergency request to pause Talwani's block while the appeal goes on. The request had been presented to Justice Ketanji Brown Jackson on September 6, and she referred it to the full Court. The order is unsigned and three sentences long, and the docket entry for that night is the order itself.25
Supreme Court of the United States·September 14, 2026·Unsigned order on the government's request
Application (26A305) for stay presented to Justice Jackson and by her referred to the Court is denied. The Government is unlikely to succeed on the merits of its challenge to the District Court's preliminary injunction. And the equitable factors applicable for obtaining emergency relief from this Court do not favor a stay.2
Kavanaugh joined the refusal and wrote one paragraph saying why. He said the Postal Service may well have the legal power to issue the rule. He voted to leave the block in place because forcing the rule onto this year's elections would be "arbitrary and capricious", the Administrative Procedure Act's phrase for an agency decision that was not a reasoned one, since election officials lack the time to carry it out. His reason for the vote is the paragraph's second sentence.1
Kavanaugh joined the refusal and wrote one paragraph saying why. He said the Postal Service may well have the legal power to issue the rule. He voted to leave the block in place because forcing the rule onto this year's elections would be "arbitrary and capricious", the Administrative Procedure Act's phrase for an agency decision that was not a reasoned one, since election officials lack the time to carry it out. His reason for the vote is the paragraph's second sentence.1
Brett Kavanaugh, Supreme Court justice·September 14, 2026·Concurring in the refusal
But applying the rule in the 2026 elections would be arbitrary and capricious in violation of the Administrative Procedure Act because state and local election officials do not have sufficient time to reasonably implement the rule before the elections.1
Alito, joined by Thomas, would have granted the pause. He calls the block "universal", meaning it reaches beyond the people who sued. He writes that some of the groups that sued likely lack standing, the legal right to bring the case, and that the states' remaining claim, that the agency acted with no legal power at all, is the kind this Court has recently called a Hail Mary pass.1
Alito, joined by Thomas, would have granted the pause. He calls the block "universal", meaning it reaches beyond the people who sued. He writes that some of the groups that sued likely lack standing, the legal right to bring the case, and that the states' remaining claim, that the agency acted with no legal power at all, is the kind this Court has recently called a Hail Mary pass.1
Samuel Alito, Supreme Court justice·September 14, 2026·Dissenting, joined by Clarence Thomas
The Court incorrectly denies the Government's application for a stay of a universal injunction that bars implementation of a final rule concerning election ballot mail.1
The rule, issued August 21 and published August 26, requires official Election Mail logos, envelopes built for high-speed sorting, a unique barcode for every voter, and an online Federal Ballot Mail Portal where election offices upload each voter's name and address as printed on the outbound envelope, the issuing state, and the barcodes on both envelopes.6 On August 25 Talwani found that the defendants "violated the court's Preliminary Injunction" by completing the rule after her Aug. 11 order, and she imposed no further remedy.21 The Postal Service's notice for those records lists a purpose of helping determine adherence to federal law and facilitating law-enforcement efforts.18 The same notice says the records are kept for 5 years.18
The rule, issued August 21 and published August 26, requires official Election Mail logos, envelopes built for high-speed sorting, a unique barcode for every voter, and an online Federal Ballot Mail Portal where election offices upload each voter's name and address as printed on the outbound envelope, the issuing state, and the barcodes on both envelopes.6
On August 25 Talwani found that the defendants "violated the court's Preliminary Injunction" by completing the rule after her Aug. 11 order, and she imposed no further remedy.21
The Postal Service's notice for those records lists a purpose of helping determine adherence to federal law and facilitating law-enforcement efforts.18
The same notice says the records are kept for 5 years.18
Outbound ballot mailings that do not comply "will not be accepted".6 Noncompliant mailings are returned to the authorized ballot mailer, an election official or a mail service provider that official has authorized to send the ballots.6 The check did not apply to voters' returned ballots.6 It covers federal general, special and runoff elections; ballots for military and overseas voters, and primaries, sit outside it.6 President Donald J. Trump's March 31 executive order directed the Postal Service to start the rulemaking; the Postal Service says the order did not mandate a final rule and that the finished rule was its own decision.6 On August 24 the Court had paused an earlier block of the executive order itself, writing that courts review final rules and that if the Postal Service's rule harmed the states they could challenge that rule.9
Outbound ballot mailings that do not comply "will not be accepted".6
Noncompliant mailings are returned to the authorized ballot mailer, an election official or a mail service provider that official has authorized to send the ballots.6
The check did not apply to voters' returned ballots.6
It covers federal general, special and runoff elections; ballots for military and overseas voters, and primaries, sit outside it.6
President Donald J. Trump's March 31 executive order directed the Postal Service to start the rulemaking; the Postal Service says the order did not mandate a final rule and that the finished rule was its own decision.6
On August 24 the Court had paused an earlier block of the executive order itself, writing that courts review final rules and that if the Postal Service's rule harmed the states they could challenge that rule.9
6Postal Service final rule, Ballot Mail for Federal Electionswill not be acceptedreturned to the authorizedsuch as a mail service provider, that andoes not apply to Returnfederal general, special, or runoff electionsthe rule will not apply to primariesdid not mandate a final
Talwani's block covers the rule's mandatory requirements for elections on or before November 3 and does not decide the case. She wrote that her order does not stop states from voluntarily complying with the rule.5 Late on September 13, in a separate case in Washington, Judge Carl Nichols entered an order that blocks the Postal Service from "implementing and enforcing" the whole rule, with no election-date limit; his reason is that no statute gives the Postal Service the power to issue key parts of it, so the rule was likely issued without legal authority.134 The government told the Court the next morning that a win in Boston would still leave that second order to be lifted in Washington.13
Talwani's block covers the rule's mandatory requirements for elections on or before November 3 and does not decide the case. She wrote that her order does not stop states from voluntarily complying with the rule.5
Late on September 13, in a separate case in Washington, Judge Carl Nichols entered an order that blocks the Postal Service from "implementing and enforcing" the whole rule, with no election-date limit; his reason is that no statute gives the Postal Service the power to issue key parts of it, so the rule was likely issued without legal authority.134
The government told the Court the next morning that a win in Boston would still leave that second order to be lifted in Washington.13
The First Circuit had already refused to pause Talwani's block. On September 10, Judges Gustavo Gelpí, Julie Rikelman and Seth Aframe wrote that a general postal statute is a "wafer-thin reed" on which to hang election rules, and that the district court's findings about the harm of letting the rule take effect now, which they saw no error in, included the lack of a working portal.3 Four days later the Supreme Court reached the same result on the pause, and the block on this fall's mandate held at every level it was tested.32
The First Circuit had already refused to pause Talwani's block. On September 10, Judges Gustavo Gelpí, Julie Rikelman and Seth Aframe wrote that a general postal statute is a "wafer-thin reed" on which to hang election rules, and that the district court's findings about the harm of letting the rule take effect now, which they saw no error in, included the lack of a working portal.3
Four days later the Supreme Court reached the same result on the pause, and the block on this fall's mandate held at every level it was tested.32
Day counts are calendar days between the dates at UTC midnight. November 3 minus September 14 is 50; minus September 4 is 60; minus September 6 is 58; minus September 10 is 54; minus September 13 is 51. September 14 minus September 4 is 10; minus September 6 is 8; minus September 10 is 4; minus September 13 is 1; minus March 31 is 167. September 17 minus September 14 is 3. Public dissents named in the order PDF: 2 (Alito, joined by Thomas). Concurrences: 1 (Kavanaugh). Sentences in the unsigned order: 3.
Who wrote what on September 14From the order PDF and the docket entry.
Writing
Who
What it says
Unsigned order
The Court
Request refused; the government is unlikely to succeed; the factors for emergency relief do not favor a pause
Concurrence
Kavanaugh
Fair prospect the rule is within the Postal Service's legal power; forcing it on the 2026 elections would be arbitrary and capricious
Dissent
Alito, joined by Thomas
Would have granted the pause; some plaintiffs likely lack standing; the states' claim is a Hail Mary pass
Kavanaugh and Alito both write that the Postal Service may have the power to issue the rule, Kavanaugh as "at least a fair prospect" and Alito as "broad authority" over the mail; they part on whether it can run in 2026 and on the pause. The unsigned order does not say which ground made the government unlikely to succeed.12
Two questions run under this case: whether the Postal Service can ever impose a rule like this, and whether it could impose this one this close to an election. On the first, Kavanaugh wrote that "there is at least a fair prospect that the final rule falls within the Postal Service's statutory authority"; on the second, that officials lack the time to carry it out before this year's elections. The unsigned order does not name a ground: it says the government is unlikely to succeed and that the factors the Court weighs before granting emergency relief do not favor a pause.12
Two questions run under this case: whether the Postal Service can ever impose a rule like this, and whether it could impose this one this close to an election. On the first, Kavanaugh wrote that "there is at least a fair prospect that the final rule falls within the Postal Service's statutory authority"; on the second, that officials lack the time to carry it out before this year's elections. The unsigned order does not name a ground: it says the government is unlikely to succeed and that the factors the Court weighs before granting emergency relief do not favor a pause.12
The states that sued, led by California, told the Court that the fight is about who runs elections. Under the rule, they wrote, ballots will not be delivered unless each voter is registered in the Postal Service's new portal, a voter-specific barcode is printed on both envelopes, and those barcodes are tied to each voter and uploaded to the portal; with those conditions on delivery, the rule is "an elections regulation". The Constitution, the brief says, "entrusts States with responsibility for regulating federal elections" unless Congress steps in; that provision is the Elections Clause, and it is the ground the First Circuit judged the government's odds on. The government's application called the same requirements modest rules on envelope design and addressee information. Which description is right is the question the appeals will decide.1038
The states that sued, led by California, told the Court that the fight is about who runs elections. Under the rule, they wrote, ballots will not be delivered unless each voter is registered in the Postal Service's new portal, a voter-specific barcode is printed on both envelopes, and those barcodes are tied to each voter and uploaded to the portal; with those conditions on delivery, the rule is "an elections regulation". The Constitution, the brief says, "entrusts States with responsibility for regulating federal elections" unless Congress steps in; that provision is the Elections Clause, and it is the ground the First Circuit judged the government's odds on. The government's application called the same requirements modest rules on envelope design and addressee information. Which description is right is the question the appeals will decide.1038
The rule took effect August 21 with the portal unfinished: on September 1 the Postal Service said it was "now finalizing the portal" and would soon open it to officials who wanted to try it voluntarily.627 Talwani found on September 4 that the portal was not operational, and counted uploading voter data to a portal that did not yet exist among the hurdles facing officials.5 The First Circuit listed the lack of a working portal among the harm findings it left standing on September 10.3 The Court refused to lift the block on September 14.2 On September 17 the Postmaster General told the Associated Press that the agency had stopped work on the system.42 Whether the portal would have worked is disputed on the record: Whistleblower Aid, representing the employee who raised the alarm, told the Court that the verification standard is zero percent failure, meaning a batch of ballots is treated as non-compliant if one envelope fails the barcode check, and the Postmaster General's September 4 statement said "Testing and validation have been continuous throughout the development lifecycle".1926 Both courts that blocked the rule for this fall counted the portal's absence among the harms.35
The rule took effect August 21 with the portal unfinished: on September 1 the Postal Service said it was "now finalizing the portal" and would soon open it to officials who wanted to try it voluntarily.627
Talwani found on September 4 that the portal was not operational, and counted uploading voter data to a portal that did not yet exist among the hurdles facing officials.5
The First Circuit listed the lack of a working portal among the harm findings it left standing on September 10.3
The Court refused to lift the block on September 14.2
On September 17 the Postmaster General told the Associated Press that the agency had stopped work on the system.42
Whether the portal would have worked is disputed on the record: Whistleblower Aid, representing the employee who raised the alarm, told the Court that the verification standard is zero percent failure, meaning a batch of ballots is treated as non-compliant if one envelope fails the barcode check, and the Postmaster General's September 4 statement said "Testing and validation have been continuous throughout the development lifecycle".1926
Both courts that blocked the rule for this fall counted the portal's absence among the harms.35
On fraud, the stated purpose of the rule, the First Circuit wrote that there is "no record evidence of past fraud or a likelihood of impending fraud related to the November 3 election".3 The government's reply said the rule would make election fraud harder to commit and easier to catch.12 Talwani found the record includes no evidence relating to fraudulent mail voting to support the rushed implementation of the rule.5
On fraud, the stated purpose of the rule, the First Circuit wrote that there is "no record evidence of past fraud or a likelihood of impending fraud related to the November 3 election".3
The government's reply said the rule would make election fraud harder to commit and easier to catch.12
Talwani found the record includes no evidence relating to fraudulent mail voting to support the rushed implementation of the rule.5
Which ground each court reached. The First Circuit confined its likelihood-of-success analysis to the Elections Clause and did not reach Talwani's separate statutory holdings.3 Nichols granted relief on the ground that no statute grants the Postal Service the power to issue key parts of the rule.4 Alito wrote that twelve states supported the rule in the lower court and asserted that compliance at this time is practicable.1
The people this order lands on are the offices sending ballots for federal general, special and runoff elections, and the voters waiting on them; ballots for military and overseas voters, and primaries, sit outside the rule.6 Solicitor General D. John Sauer, the government's lawyer at the Court, told it on September 6 that ballots had already begun to be mailed in North Carolina.8 Current and former election officials, in a brief filed September 9 that supported neither side, wrote that changing the rules now "will almost certainly lead to mistakes, delays, and confusion" for voters and officials.16 For elections through November 3, Talwani's order stops the Postal Service from refusing ballots that do not meet the new rule and leaves states free to comply voluntarily.25
The people this order lands on are the offices sending ballots for federal general, special and runoff elections, and the voters waiting on them; ballots for military and overseas voters, and primaries, sit outside the rule.6
Solicitor General D. John Sauer, the government's lawyer at the Court, told it on September 6 that ballots had already begun to be mailed in North Carolina.8
Current and former election officials, in a brief filed September 9 that supported neither side, wrote that changing the rules now "will almost certainly lead to mistakes, delays, and confusion" for voters and officials.16
For elections through November 3, Talwani's order stops the Postal Service from refusing ballots that do not meet the new rule and leaves states free to comply voluntarily.25
Talwani found that putting a rule issued less than seventy days before the election into immediate effect "threatens disenfranchisement of millions" of citizens who vote by mail.5 The states that sued told the Court they expect to mail over 50 million ballots between the filing and Election Day, and Nichols wrote that in 2022 the Postal Service delivered at least 54.4 million ballot pieces to and from voters.114 The first figure is the states' own forecast and the second is the last midterm's count; neither order counts ballots that would be lost. At the preliminary-injunction stage, Nichols found an increased risk that a significant number of otherwise appropriate absentee or mail-in ballots would not be counted.4
Talwani found that putting a rule issued less than seventy days before the election into immediate effect "threatens disenfranchisement of millions" of citizens who vote by mail.5
The states that sued told the Court they expect to mail over 50 million ballots between the filing and Election Day, and Nichols wrote that in 2022 the Postal Service delivered at least 54.4 million ballot pieces to and from voters.114
The first figure is the states' own forecast and the second is the last midterm's count; neither order counts ballots that would be lost. At the preliminary-injunction stage, Nichols found an increased risk that a significant number of otherwise appropriate absentee or mail-in ballots would not be counted.4
Talwani wrote that some states forbid the disclosure of voter information under confidentiality laws protecting victims of domestic abuse or intimate partner violence, and that the rule directly conflicts with those state laws.5 A brief from domestic-violence organizations told the Court that 45 states and the District of Columbia have some type of address confidentiality program, and that in Colorado the rule was expected to cause the Postal Service to refuse mail ballots to at least 150,000 eligible but confidential voters.20
Talwani wrote that some states forbid the disclosure of voter information under confidentiality laws protecting victims of domestic abuse or intimate partner violence, and that the rule directly conflicts with those state laws.5
A brief from domestic-violence organizations told the Court that 45 states and the District of Columbia have some type of address confidentiality program, and that in Colorado the rule was expected to cause the Postal Service to refuse mail ballots to at least 150,000 eligible but confidential voters.20
BBC interviewed local officials the week of the ruling. Anne Dover, election director in Cherokee County, Georgia, said the rule changes would have resulted in "thousands of people disenfranchised" there. Josh Zygielbaum, the clerk of Adams County, Colorado, said the day before the ruling that his envelopes were already printed. Both are interviews the BBC published on September 15.32
BBC interviewed local officials the week of the ruling. Anne Dover, election director in Cherokee County, Georgia, said the rule changes would have resulted in "thousands of people disenfranchised" there. Josh Zygielbaum, the clerk of Adams County, Colorado, said the day before the ruling that his envelopes were already printed. Both are interviews the BBC published on September 15.32
32BBC News on the denialthousands of people disenfranchisedwe already have our envelopes printed
Had the Court granted the pause, offices with ballots already moving would have faced the envelope and portal requirements mid-mailing. The refusal keeps Talwani's command in force: the Postal Service may not treat those mailings as unaccepted for elections on or before November 3.52 And by the Postmaster General's account 3 days later, the agency is no longer building the system it would need to enforce the rule this year.42
Had the Court granted the pause, offices with ballots already moving would have faced the envelope and portal requirements mid-mailing. The refusal keeps Talwani's command in force: the Postal Service may not treat those mailings as unaccepted for elections on or before November 3.52
And by the Postmaster General's account 3 days later, the agency is no longer building the system it would need to enforce the rule this year.42
What the coverage got right, and what it got wrong
Thirteen articles follow, errors first.
In these cards, wrong means the order says otherwise; mislabeled means the outlet named the wrong thing; not in the record means the order neither says it nor denies it; checks out means the order says it.
WIRED, September 14, 2026
wrote that Kavanaugh, "in a concurring opinion with Justice Ketanji Brown Jackson," wrote the sentence "The Government is unlikely to succeed on the merits of its challenge to the District Court's preliminary injunction."
Wrong. That sentence is the unsigned order, above Kavanaugh's name.
The order names Jackson as the justice the request was presented to, and names no one as joining Kavanaugh's concurrence. Kavanaugh wrote that the rule may be within the Postal Service's power and that officials lacked time to implement it in 2026.
wrote, in one sentence: "Though the court decided in the Trump administration's favor regarding mail-in ballot restrictions, it won't enforce them for the midterm elections."
Wrong. The Court refused the administration's request.
The administration had asked the Court to pause Talwani's block so the rule could run this fall; the order says the request is denied.
31Washington Examiner on the denialThough the court decided in the Trump administration’s favor regarding mail-in ballot restrictions, it won’t enforce them for the midterm elections.
wrote that Talwani's September 4 injunction was "blocking Trump's order," and that Alito and Thomas wrote that the challenge to Trump's order was a "Hail Mary pass."
Mislabeled. The September 4 order blocks parts of the Postal Service's rule.
Alito's Hail Mary line is about the states' claim against that rule. The block of the March order itself had been paused on August 24.
WIRED wrote that the court "was divided 7-2"; CNBC, on September 15, wrote that two public dissents "implies a 7-2 vote to block the Postal Service rule."
Not in the record. The order names two dissenters and one concurrence and gives no vote count.
Both outlets inferred 7-2 from the two dissenters.
Checks out. Each was checked the same way: the September 14 order PDF, the docket, and the Postal Service's own statements.
SCOTUSblog, September 14, 2026, wrote that the justices left in place a Boston judge's ruling in a brief, unsigned order, with a Kavanaugh concurrence on timing and an Alito dissent joined by Thomas.Checks out against the docket entry and the order PDF.35
CBS News, September 14, 2026, quoted the unlikely-to-succeed sentence, named Alito and Thomas as dissenters, and quoted Kavanaugh's fair-prospect line.Checks out against the order. The 6-3 count CBS gives is for the August 24 ruling on the executive order, a different vote.36
36CBS News on the denialis unlikely to succeed on the merits of its challenge to the District Court's preliminary injunction
Politico, September 14, 2026, wrote that the justices left in place a lower-court decision blocking the Postal Service from implementing the new requirements, with a Kavanaugh concurrence and an Alito-Thomas dissent, and noted Nichols's Sunday injunction.Checks out against the order, the docket, and Nichols's September 13 opinion.37
ABC News, September 14, 2026, quoted Kavanaugh's paragraph, with "arbitrary and capricious violation" where the concurrence has the word in before violation.Checks out on the substance; one word dropped, meaning unchanged.33
33ABC News on the denialarbitrary and capricious violation of the Administrative Procedure Act
Roll Call, September 14, 2026, wrote that the unsigned, one-paragraph order said the government was unlikely to succeed, that Kavanaugh wrote the rule itself may be lawful but could not be carried out before the midterms, and that Alito and Thomas dissented.Checks out against the order and the two signed writings.41
CNBC, Monday night, September 14, 2026, quoted the unlikely-to-succeed sentence and named Kavanaugh's concurrence and the Alito-Thomas dissent.Checks out against the unsigned order and the two signed writings.39
39CNBC on the denialis unlikely to succeed on the merits of its challenge to the
Associated Press, September 15, September 15, 2026, wrote that Trump went after the Court after it "rejected his push to restrict mail-in voting" in this year's midterms.Consistent with the refusal. The Tuesday dispatch is Trump's reaction, and it is the president's statement to the public, made after the Court acted.38
NPR, September 15, 2026, aired a Tuesday interview in which David Becker said election officials feel a sense of relief and that there was no way to implement these rules in time.Consistent with Kavanaugh's timing sentence. The interview is reaction, and Becker is not a party to the case.40
Associated Press, September 17, September 17, 2026, reported that Postmaster General David Steiner said the agency "has stopped work on developing" the computer system, and that a memo to employees said it will "not be enforcing any of these new rules in the 2026 federal election."Consistent with the Postal Service's own election-mail page, which as of September 18 says it is not enforcing the rule for 2026.4228
On Tuesday, September 15, Trump wrote on Truth Social that Republicans had just gotten another bad decision from the Court and called it a big loss for Republicans; CNBC and BBC carried the posts.3432 The government's request to the Court ran in his name: the cover of the second of its two cases lists "DONALD J. TRUMP, ET AL., APPLICANTS".8
On Tuesday, September 15, Trump wrote on Truth Social that Republicans had just gotten another bad decision from the Court and called it a big loss for Republicans; CNBC and BBC carried the posts.3432
The government's request to the Court ran in his name: the cover of the second of its two cases lists "DONALD J. TRUMP, ET AL., APPLICANTS".8
By September 18 the Postal Service's own election-mail page carried an alert headed "Postal Service is not enforcing the federal ballot mail rule for 2026".28 That is an operating decision for this year's elections. Based on the briefing and at the interim stage, Kavanaugh wrote that the final rule has at least a fair prospect of falling within the Postal Service's legal power.1
By September 18 the Postal Service's own election-mail page carried an alert headed "Postal Service is not enforcing the federal ballot mail rule for 2026".28
That is an operating decision for this year's elections. Based on the briefing and at the interim stage, Kavanaugh wrote that the final rule has at least a fair prospect of falling within the Postal Service's legal power.1
On September 17 Postmaster General David Steiner told the Associated Press that the agency "has stopped work on developing" the computer system at the center of the rule, the portal, and that he had planned to unveil it around September 15. A memo sent to all employees the day before, the AP reported, said the agency will not be enforcing any of the new rules in the 2026 federal election and that election mail is business as usual.42 On September 1 the same agency had said it was finalizing the portal and would soon open it to officials who wanted to try it.27
On September 17 Postmaster General David Steiner told the Associated Press that the agency "has stopped work on developing" the computer system at the center of the rule, the portal, and that he had planned to unveil it around September 15. A memo sent to all employees the day before, the AP reported, said the agency will not be enforcing any of the new rules in the 2026 federal election and that election mail is business as usual.42
On September 1 the same agency had said it was finalizing the portal and would soon open it to officials who wanted to try it.27
The Associated Press also reported "there are still concerns about postmark delays that could have an impact on this year’s elections," and that late-postmark rejections had risen in Washington and Oregon.42
The Associated Press also reported "there are still concerns about postmark delays that could have an impact on this year’s elections," and that late-postmark rejections had risen in Washington and Oregon.42
Watching: the First Circuit's decision on the appeal of Talwani's order; whether the government asks a court to lift Nichols's order, which blocks the whole rule with no election-date limit, so the rule as issued cannot start after November 3 unless a court lifts it; and the inspector general's review of the whistleblower's allegations, which its office said on September 8 it planned to conduct.13543
Watching: the First Circuit's decision on the appeal of Talwani's order; whether the government asks a court to lift Nichols's order, which blocks the whole rule with no election-date limit, so the rule as issued cannot start after November 3 unless a court lifts it; and the inspector general's review of the whistleblower's allegations, which its office said on September 8 it planned to conduct.13543
On September 4 the inspector general published a separate audit of 2026 primary-election mail, with on-time processing scores ranging from 97.75 to 98.99 percent.29 The audit made 11 recommendations to address the issues identified in the report.29 It found opportunities to increase understanding and enforcement of postmarking ballots, and that communication with customers affected by operational changes could be strengthened.29
On September 4 the inspector general published a separate audit of 2026 primary-election mail, with on-time processing scores ranging from 97.75 to 98.99 percent.29
The audit made 11 recommendations to address the issues identified in the report.29
It found opportunities to increase understanding and enforcement of postmarking ballots, and that communication with customers affected by operational changes could be strengthened.29
As of September 18, only Kavanaugh, Alito, and Thomas had public positions in the order and docket; the other six votes were not public.
As of September 18, the Supreme Court docket in this case listed no request to lift Nichols's September 13 order.
As of September 18, the inspector general records carried from the September 6 story and the coverage saved for this story through that date contain no independent review of the whistleblower allegations that the office said on September 8 it planned to conduct.
Which five states Sauer meant by the week of September 13 in the September 6 application. The application does not name them.8
12The government's reply in support of its request · U.S. Department of Justice, Office of the Solicitor General, 2026-09-10 · the government's claim that the rule makes fraud harder to commit and easier to catch
17Bonta statement on the First Circuit stay denial · California Department of Justice, 2026-09-10 · California attorney general's statement on the First Circuit order, read; it speaks to the appeal, and the page cites the order
245 U.S.C. 706, scope of review · Legal Information Institute, 2026-09-18 · the Administrative Procedure Act review section Kavanaugh cites, read; the page quotes his paragraph instead
25Privacy Act response to comments on USPS 820.225 · United States Postal Service, 2026-09-01 · the September 1 Privacy Act notice making the portal's records system effective, read; no court step on the page turns on it
Days from the injunction to November 3: 60 days previously; 60 days in this story. elections occurring before or on November 3, 2026
Days from the injunction to November 3: 60 days previously; 60 days in this story. elections occurring before or on November 3, 2026
Election jurisdictions Talwani said the rule would reach: 10,000 jurisdictions previously; 10,000 jurisdictions in this story. the Final Rule would require 10,000 different election jurisdictions
Election jurisdictions Talwani said the rule would reach: 10,000 jurisdictions previously; 10,000 jurisdictions in this story. the Final Rule would require 10,000 different election jurisdictions
Days from the denial to November 3: first tracked in this story. elections occurring before or on November 3, 2026
Days from the injunction to the denial: first tracked in this story. September 14, 2026
Days from the First Circuit denial to the Court denial: first tracked in this story. September 14, 2026
Days from the Nichols injunction to the Court denial: first tracked in this story. September 14, 2026
Plaintiff states' anticipated mailings through Election Day: first tracked in this story. Plaintiff States anticipate mailing over 50
Postal Service 2022 ballot pieces delivered to and from voters: first tracked in this story. 54.4 million
2022 mail ballots transmitted to non-UOCAVA voters, as Nichols cites the survey: first tracked in this story. approximately 61 million
2022 mail ballots returned, as Nichols cites the survey: first tracked in this story. 36.6 million of those ballots were returned
States with an address confidentiality program, plus the District of Columbia: first tracked in this story. 45 states and the District of Columbia have some type of ACP
Confidential Colorado voters the domestic-violence brief names: first tracked in this story. 150,000 eligible but confidential Colorado voters
Years the Postal Service says it keeps portal records: first tracked in this story. Records are retained for 5 years.
Lower end of on-time processing scores in the September 4 primary-mail audit: first tracked in this story. 97.75 to 98.99 percent
Upper end of on-time processing scores in the September 4 primary-mail audit: first tracked in this story. 97.75 to 98.99 percent
Recommendations in the September 4 primary-mail audit: first tracked in this story. We made 11 recommendations
Ruling vote: first tracked in this story. on Sept. 14, when the court, in a 7-2 decision, blocked the president's plan to use the U.S. Postal Service to restrict mail-voting.
Dissenting justices: first tracked in this story. The two dissenters were Clarence Thomas and Samuel Alito, with Gorsuch, Kavanaugh and Barrett each siding against the Trump administration.
Sources
USA Today · October 1, 2026 · Trump says he regrets nominating Gorsuch, Kavanaugh, Barrett to SCOTUS
NBC News · October 9, 2026 · Early vote analysis: Mail ballot concerns are changing how Democrats vote
The Hill · October 1, 2026 · Trump says he regrets nominating Gorsuch, Kavanaugh and Barrett
NBC News · October 2, 2026 · Trump clashes ahead as new Supreme Court term begins
Supreme Court of the United States · September 14, 2026 · Order denying application 26A305, with Kavanaugh concurrence and Alito dissent
United States Postal Service · July 17, 2026 · Privacy Act system of records notice, USPS 820.225 Federal Ballot Mail