President Donald Trump’s administration asked the Supreme Court on Thursday to let it enforce a new US Postal Service rule tightening the use of mail-in ballots, moving swiftly after a judge temporarily blocked the regulation ahead of November’s midterm elections.
In an emergency request, the Justice Department asked the Supreme Court to lift Boston-based US District Judge Indira Talwani’s order temporarily preventing the USPS from enforcing the new rule, which it adopted following an executive order by the Republican president to restrict mail-in ballots.
The USPS regulation would impose new voter-specific data and ballot envelope standards, and potentially refuse the delivery of ballots that do not comply, which critics say could disrupt thousands of legitimate votes as the November 3 vote approaches.
Republicans are locked in a tight battle to retain control of Congress in the election. Critics say restricting mail-in ballots would stand to disproportionately benefit Republicans given that Democratic voters traditionally have been more likely to use mail-in ballots.
It is the second time that the administration has turned to the Supreme Court as it defends Trump’s directive against legal challenges by states and voting rights groups. On August 24 the court lifted an earlier injunction imposed by Talwani in June blocking Trump’s order.
That decision, powered by the court’s 6-3 conservative majority, faulted a coalition of mostly Democratic-governed states for suing too soon, but left the door open to another challenge. The court’s three liberal justices dissented.