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California letter notifying the Court of the First Circuit stay denial
State of California · 2026-09-10
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ROB BONTA State of California
Attorney General DEPARTMENT OF JUSTICE
455 GOLDEN GATE AVE, SUITE 11000
SAN FRANCISCO, CA 94102-7004
Public: (415) 510-4400
Telephone: (415) 510-3466
E-Mail: Ian.Fein@doj.ca.gov
Sept. 10, 2026
By Electronic Filing
Hon. Scott S. Harris
Office of the Clerk of Court
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
RE: United States Postal Service, et al. v. California, et al., No. 26A305
Dear Mr. Harris:
Today, the First Circuit issued an order denying defendants’ and intervenors’ requested
stay of the preliminary injunction. With respect to the likelihood of success on the merits, the
First Circuit reasoned that Congress did not authorize the challenged USPS rule through “the
‘wafer-thin reed’ of a general grant of authority to manage the postal system.” Order at 6
(quoting Biden v. Nebraska, 600 U.S. 477, 499 (2023)). As to the equities, the First Circuit
observed that the injunction is narrow, id. at 8 n.4, and emphasized that defendants and
intervenors “have not even seriously challenged” the district court’s “detailed findings about the
chaos and widespread disenfranchisement that would occur between now and November 3
should the Final Rule take immediate effect, including the fact that it would be impossible for
some States to” comply with the rule in time for the upcoming election, id. at 6; see also Br. of
Amici Curiae Current and Former Election Officials in Support of Neither Party at 1-2, No.
26A305 (U.S.) (explaining that “the work necessary” by “state and local election officials” to
implement the rule “cannot be responsibly accomplished in the time that remains” before the
November 2026 election).
Sincerely,
/s/ Ian Fein
IAN FEIN
Deputy Solicitor General
For ROB BONTA
Attorney General
cc: All Counsel of Record