First Circuit says the Postal Service likely lacks authority for election-related requirements as the Supreme Court considers an emergency appeal
A federal appeals court has refused to lift an injunction blocking the U.S. Postal Service from enforcing new mail-ballot requirements before the November 3 midterm elections. The rules remain on hold while the U.S. Supreme Court considers a separate emergency application from the federal government.
A three-judge panel of the U.S. Court of Appeals for the First Circuit denied requests Thursday to stay a September 4 preliminary injunction issued by U.S. District Judge Indira Talwani. The ruling addresses whether the requirements may take effect during continuing litigation; it is not a final decision resolving the case.
What the USPS rule would require
Under the Postal Service’s August 26 final rule, outgoing and return ballot envelopes for federal elections would need voter-specific Intelligent Mail barcodes that match information uploaded to a USPS database. State and local election officials would also need Postal Service approval for ballot-envelope designs and would have to submit voter information through an online portal.
The Trump administration has described the requirements as modest postal regulations intended to strengthen election integrity. Challengers—including voting-rights organizations and a group of states—argue that the rules would improperly shift election authority to an executive agency and could prevent eligible voters from receiving or returning ballots.
Why the appeals court left the block in place
In its September 10 order, the First Circuit said the government had not made a strong showing that it was likely to overturn the injunction. The panel concluded that the rule likely regulates the manner of conducting federal elections—authority the Constitution assigns to the states and Congress—and that the Postal Service had not identified specific congressional authorization for the changes.
The court also pointed to practical concerns identified by the district judge. The online portal was not operational, some jurisdictions had already ordered ballot envelopes, and several states had begun mailing ballots. The panel found no clear error in the lower court’s conclusion that immediate implementation could disrupt voting while producing limited election-security benefits on the current record.
The injunction does not prohibit states from complying voluntarily. It also does not prevent USPS from building the portal, training employees or preparing to use the system in elections after November 2026.
Supreme Court review remains pending
The federal government filed emergency application No. 26A305 with the Supreme Court on September 6. The Supreme Court docket shows that responses and the government’s reply have been filed, but no decision was listed as of Friday, September 11.
A Supreme Court order could determine whether the new requirements take effect before the midterms while the underlying lawsuits continue.
THRIVE! Perspective
Federal law, state election procedures and Postal Service operations intersect in this case. The administration points to election-integrity safeguards, while challengers point to constitutional limits and the risk of changing procedures after ballot distribution has begun. For now, the First Circuit has kept the existing rules in place while the Supreme Court considers temporary relief.
