BOSTON — A federal appeals court on Thursday denied the Trump administration’s emergency request to lift a block on new United States Postal Service (USPS) rule for mail-in ballots, so the rule remains blocked for the November midterms. The case now heads to the U.S. Supreme Court.
“We hope the Supreme Court will see what every other court to consider this issue has now determined – that the president’s efforts are most likely unconstitutional and, furthermore, would be impossible to implement ahead of the 2026 midterms,” Mike Faulk, Deputy Communications Director of the Washington State Attorney General’s Office told the Lynnwood Times.
Statement from Secretary of States Steve Hobbs to the Lynnwood Times on Thursday’s Appeal’s Court decision:
“Today’s decision reaffirms that implementing the USPS ballot rule would harm voters and our election system. These new federal requirements are an unnecessary distraction from the work election officials need to be doing right now: administering a secure and accessible election.
“At this time, there is no change to Washington’s election processes. Voters can find up-to-date information from their county elections office or the Washington Secretary of State’s Elections webpage.
“I will continue fighting this administration’s efforts to dismantle vote-by-mail elections and disenfranchise voters. Elections are the lynchpin of our democracy, and my office remains dedicated to ensuring every voter can participate and make their voice heard.”
The three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston refused to stay a preliminary injunction issued Sept. 4 by U.S. District Judge Indira Talwani. The nationwide preliminary injunction prevented the Postal Service from enforcing its “Ballot Mail for Federal Elections” final rule for the Nov. 3 election.
The USPS final rule, published on August 26 to implement President Donald J Trump’s March Executive Order 14399, would have required states to upload lists of mail-ballot recipients to a federal portal, obtain Postal Service approval for envelope designs, and print unique Intelligent Mail barcodes on outgoing and return envelopes. Ballots that failed to match the portal data could have been rejected or returned.
Judges Gustavo Gelpí, Julie Rikelman and Seth Aframe wrote that the administration had not made a strong showing it was likely to succeed on the merits. They agreed with Talwani that the rule likely regulates “the manner of holding elections,” a power the Constitution’s Elections Clause assigns to the states and Congress, not an executive agency acting without clear congressional authorization.
The panel rejected arguments that general postal statutes gave the Postal Service sufficient authority. It also found the balance of equities favored keeping the injunction. Talwani had determined that last-minute compliance was “practically impossible” and would risk widespread disenfranchisement. The appeals court noted there was no record evidence of past or impending mail-ballot fraud that would justify the disruption.
Washington Attorney General Nick Brown co-led a 25-state coalition that challenged the rule after it was finalized arguing that the states’ compliance would be “practically impossible” before November and that “the chaos that would cause is exactly what Trump wants.”
Washington state has conducted all elections by mail since 2011. Secretary of State Steve Hobbs told the Lynnwood Times after Talwani’s earlier ruling that the new requirements “would sow chaos” and that his office would continue to administer “safe, secure, and accessible” elections.
“We will not back down when it comes to defending our state’s constitutional right to administer elections and every voter’s right to vote by mail,” Hobbs said.
Postmaster General David Steiner has maintained the Postal Service acted within its legal authority to carry out the executive order but said the agency would follow court determinations.
The Trump administration has already asked the Supreme Court to intervene. Justice Ketanji Brown Jackson, the circuit justice for the First Circuit, set briefing deadlines on the emergency application which the full Court is expected to review then decide whether to allow the new USPS final rule to take effect before ballots are mailed for the November midterm elections.
The preliminary injunction does not prohibit states from voluntarily complying or prevent the Postal Service from preparing systems for later elections.
Washington officials continue to encourage voters to follow state instructions for returning ballot, specifically to use state provided drop boxes return their ballots. Roughly one-third of Washington ballots typically travel through the Postal Service, with the remainder deposited at official drop boxes.
Editor’s Note: Article updated 2:09 p.m., September 10, 2026, to include statements from AG’s Office and Sec. Steve Hobbs.
Author: Mario Lotmore
