Who's Still Suing Over Trump's Mail-Ballot Rule

Who's Still Suing Over Trump's Mail-Ballot Rule

The News

The News

As of Thursday, no court order bars the U.S. Postal Service or the Trump administration from implementing the new federal mail-ballot rule for the Nov. 3 midterms. Both injunctions that had blocked it are gone.

That is not the end of the case. Three separate challenges are live, and every one of them is undecided.

The vacatur is explicitly "without prejudice to Plaintiff Organizations filing a new motion for a preliminary injunction after filing their anticipated Amended Complaint."

Who Is Still Suing

1. The League of Women Voters plaintiffs. They filed an emergency motion for a temporary restraining order and preliminary injunction on Aug. 26, alongside a supplemental complaint pointing at the now-final rule, according to filings posted by Asian Americans Advancing Justice and the League of Women Voters. Undecided.

2. A brand-new state coalition suit. State of California v. United States Postal Service, No. 1:26-cv-13917-IT (D. Mass.), was filed Aug. 26 and assigned to Talwani, per the court's docket. The plaintiffs are 23 states, the District of Columbia and Pennsylvania — which sues through Gov. Josh Shapiro rather than its attorney general, which is why outlets have counted the coalition differently (the Washington Examiner put it at 24 states and D.C.; the Wire's own summary counted 25 attorneys general). Docket entry 3 is an emergency motion for a temporary restraining order, emergency stay, expedited briefing, preliminary injunction and a Section 705 stay. Undecided.

3. A renewed bid in the separate Washington case. Plaintiffs in DSCC v. Trump, No. 1:26-cv-01114 (D.D.C.), filed a renewed preliminary-injunction brief on Aug. 25. Undecided.

Timeline

Aug. 26

What Changed

U.S. District Judge Indira Talwani vacated her own Aug. 11 nationwide preliminary injunction on Aug. 26, in League of Women Voters of Massachusetts v. Trump, No. 1:26-cv-11549-IT (D. Mass.), Doc. No. 204.

Aug. 24

Two Cases, Not One

The Supreme Court ruling Talwani was following came two days earlier, on Aug. 24, in a different case brought by different plaintiffs: Trump v. California, No. 26A124. The Court stayed the injunction entered in California v. Trump, No. 1:26-cv-11581 (D. Mass.), a suit by 23 states and the District of Columbia.

Aug. 25

The Violation Finding

A day before she lifted the injunction, Talwani found the government had broken it. On Aug. 25 she ruled that USPS violated her order when it issued the final rule on the night of Friday, Aug. 21, in response to a League of Women Voters motion to enforce.

Aug. 26

The Clock That Actually Matters

The USPS final rule, "Ballot Mail for Federal Elections," was published in the Federal Register on Aug. 26 at 91 Fed. Reg. 54966, with an effective date of Aug. 21 — five days before publication.

Reactions

She did it under protest. The plaintiff groups "have substantial arguments that might persuade the Supreme Court to reach a different result," she wrote, but "this court is compelled by the Supreme Court's ruling" to vacate.

What's Next

The Schedule

Talwani put the new state case on a compressed clock in a briefing order docketed Aug. 26 (Doc. No. 7): the government's opposition to the TRO and stay was due at noon EDT Thursday, oppositions to the preliminary-injunction motions by 11 p.m. Aug. 29, plaintiffs' replies by 11 p.m. Aug. 31, with a motion hearing set for early September.

What to Watch

Whether any judge blocks the rule again before Sept. 4 — and on what theory. Talwani has told the League of Women Voters plaintiffs the door is open once they amend, and she has the states' TRO motion in front of her on a schedule that runs through Aug. 31.

More

The grounds were justiciability, not legality. As Talwani summarized it, the Court held that "[t]wo related doctrines of justiciability block[ed] the States' suit" — standing and ripeness. The states' pocketbook injury was too speculative, the Court said, because the USPS rule was still hypothetical when they amended their complaint: "The States cannot preemptively concretize their injury by expending funds before the Postal Service finalizes a rule."

Talwani noted one gap that matters for what comes next: the Supreme Court "has not yet had the opportunity to consider the sufficiency of Plaintiff Organizations' voting-confusion injury" — a different theory of harm from the states' fiscal and sovereignty claims.

She imposed nothing. Per Bloomberg Law, she wrote that there was "no remedy other than identifying the violation," reasoning that the injunction then in force already barred the rule from taking effect. Axios reported the same finding without sanctions.

The rule text itself contained a caveat that has now expired. Quoting it, Talwani noted USPS had said that "given the injunctions currently in place," it "will not take actions to implement the rule specifically for the 2026 election unless and until the government obtains relief from those injunctions." Both of those injunctions are now lifted.

Plaintiffs' supplemental complaint says USPS received more than 200,000 comments and "made no material changes" from its proposed rule, and that the final rule "tracks the Proposed Rule, which tracks Section 3 of the Order" — the mail-ballot section of Executive Order No. 14399.

North Carolina's State Board of Elections says voting in its 2026 election "officially begins on Sept. 4, with the initial sending of absentee ballots to voters who requested them." That is eight days after the rule's publication, and the first mail ballots of the cycle.

Nothing decided this week addressed whether the executive order or the rule is lawful. That question is still open in all three cases.

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