A federal judge has issued a second injunction against the United States Postal Service (USPS), blocking the implementation of a presidential executive order concerning mail-in voting. The order, issued by Judge Indira Talwani, prevents the federal government from taking control over the distribution of mail-in ballots to voters in individual states.
Judge Talwani's initial ruling had declared the executive order unconstitutional. This latest decision comes as part of an ongoing legal dispute between the federal government and 23 states challenging the order's legality. The Trump administration has formally requested the U.S. Supreme Court to review the case and overturn the lower court's decisions.
In her new ruling, issued on Tuesday, Judge Talwani emphasized the urgency of the matter, noting that "less than 90 days pend before the midterms and the millions of citizens who rely on mail voting require clarity as to how or whether they will vote in November." She stated that for elections occurring on or before November 3, 2026, the court would "preserve the current electoral status quo" and enjoin the USPS from implementing Section 3 of the executive order.
The opinion concluded that the plaintiff states are "likely to succeed on the merits" in their claim that Section 3 of the executive order violates the constitutional principle of separation of powers. Judge Talwani observed that the federal government's arguments regarding the constitutional challenge were limited to "briefly presented unitary executive arguments."
The judge further clarified that the question of whether the president holds ultimate authority over USPS actions is irrelevant if such actions lead to a "facially unconstitutional act." Instead, the court's role is to determine if the executive order is "facially unconstitutional based on the substance of the text's directives."
Judge Talwani reiterated her previous finding, stating, "The court has already answered and will again resolve the question clearly and affirmatively. The executive branch has no authority to regulate elections." This second injunction reinforces the court's position on the unconstitutionality of the executive order's provisions related to mail-in voting.
