Democracy Docket: A federal appeals court Friday temporarily revived the U.S. Postal Service’s ability to move forward with a Trump-backed rule that could severely restrict mail voting ahead of the 2026 midterms.
The D.C. Circuit Court of Appeals granted USPS’ request to pause an order from U.S. District Judge Emmet Sullivan that blocked the agency from implementing standards and procedures in its proposed mail ballot rule while the case continues.
The rule stems from President Donald Trump’s March executive order attacking mail-in voting.
Under the proposal, states would have to send USPS information about voters who requested mail-in or absentee ballots, along with barcode information tied to those ballots. USPS would then use those lists to determine whether to transmit ballot mail.
Voting rights advocates have warned that Trump’s rule could allow USPS to refuse to deliver ballots to eligible voters if they are not on approved lists or if states fail to comply with new federal requirements.
The NAACP challenged the rule in a 2020 case over USPS delays that threatened mail voting during the COVID-19 pandemic. In 2021, USPS agreed to a court-enforced settlement requiring it to prioritize the timely delivery of election mail through 2028.
Earlier this month, Sullivan agreed with the NAACP that the proposed rule would violate that settlement and ordered USPS not to implement it.
But on Friday, a three-judge D.C. Circuit panel paused Sullivan’s order while USPS appeals.
The panel found that USPS had made a strong showing that it is likely to succeed on two arguments: that the NAACP’s challenge to the proposed rule is not yet ripe for review, meaning the court may have acted too early, and that the rule likely would not violate the settlement even if finalized.
The appeals court also credited USPS’ argument that leaving Sullivan’s injunction in place would prevent the agency from issuing and implementing a final rule before the November 2026 general election.