Obama-appointed judge blocks Trump mail-in voting order nationwide, less than 90 days before midterms
A federal judge in Massachusetts has issued a nationwide injunction barring the U.S. Postal Service from enforcing President Trump's executive order on mail-in voting, a ruling that strips the administration of a key election-integrity tool just months before the November midterms.
U.S. District Judge Indira Talwani, an Obama appointee, handed down the 27-page ruling on Tuesday, granting a preliminary injunction that blocks USPS from implementing the provision of Trump's March executive order requiring states to submit lists of eligible voters based on citizenship data before their residents could receive mail-in or absentee ballots. The injunction applies nationwide, not just to the states that filed suit.
The case was brought by the Massachusetts League of Women Voters and other advocacy groups, a separate lawsuit from the earlier challenge by more than 20 Democratic-led states that Talwani ruled on in June. That earlier ruling blocked the order only in the plaintiff states. Tuesday's decision goes further, nullifying the directive across the country.
Talwani wrote that the executive order is "causing confusion" and "threatening both increasing chaos and an erosion of trust in our democracy." She pointed to the calendar as justification for the breadth of her ruling, noting the proximity of the November 3, 2026, midterm elections.
"That it is now less than 90 days before the November 3, 2026 midterm elections underscores the critical need for an injunction to prevent Defendants from changing election rules on the eve of the election."
The ruling marks the latest in a string of federal court decisions that have stalled the administration's effort to tighten mail-in voting rules, an effort Trump has pursued since signing the executive order in March. That order directed USPS to supply mail-in ballots only to states that provided the federal government with voter eligibility lists built on citizenship data. States had a 60-day window before the midterms to notify USPS of their intent to comply.
Courts split as appeals process stalls at the Supreme Court
The legal fight over the order has bounced between courts all summer. In June, Talwani first ruled that Trump's order did not apply in the 20-plus Democratic-led states that challenged it. The Justice Department asked the Supreme Court to weigh in on that initial ruling. As of Tuesday, the high court had not acted.
A federal appeals court ruled in July in favor of the administration, but that decision did not settle the matter. Fox News reported that the 1st U.S. Circuit Court of Appeals previously denied the Justice Department's request to pause Talwani's June ruling in a 2-1 decision on July 25, meaning the administration lost at the appeals level on the question of staying the injunction even as it won on other grounds.
The pattern of federal judges blocking Trump administration actions has become a recurring flashpoint. A GOP congressman recently filed an impeachment resolution against a federal judge who blocked a separate Trump policy, reflecting growing conservative frustration with the judiciary's role.
Tuesday's ruling is the product of a separate lawsuit from the one involving the coalition of Democratic attorneys general. The Massachusetts League of Women Voters brought its own challenge, and Talwani's injunction in that case now extends the block to every state, not just those whose attorneys general joined the original suit.
The Washington Examiner reported that in the earlier coalition case, Talwani found that neither the Department of Homeland Security nor the Postal Service had the statutory authority to implement the order's provisions. She wrote in that ruling that "the Constitution does not grant the President any specific powers over elections."
White House vows to press ahead on election security
The administration did not back down. White House spokesperson Lauren Bis told The Hill on Tuesday that the administration "will continue lawfully enacting the agenda President Trump was elected to enact, which includes the safety and security of American elections."
Trump himself raised the stakes further on Tuesday. He did not rule out declaring a national emergency and federalizing the midterm elections if the Senate does not pass legislation requiring proof of citizenship to register to vote and a photo ID at the polls. The remark signals that the administration views the court battles as only one front in a broader push on election integrity.
The clash fits a wider pattern of federal courts checking executive action. In a separate matter, a federal appeals court halted White House ballroom construction, with Trump pointing to the Obama and Biden appointees on the bench, the same kind of judicial resistance the administration faces here.
AP News reported that the Trump administration has so far declined to defend the constitutionality of the executive order in court, a striking posture for an administration that has otherwise aggressively litigated its executive authority. Talwani herself wrote in a separate ruling that "the executive branch has no authority to regulate elections."
Breitbart noted that Tuesday's ruling came on the heels of another federal court decision the day before, which blocked a separate Trump executive order requiring proof of citizenship for voter registration, meaning the administration lost two election-related court fights in two days. Arizona Attorney General Kris Mayes, a Democrat, said the ruling "affirmed what the Constitution makes clear: States run their elections, not the President."
Advocacy groups celebrate while the legal road narrows
Celia Canavan, executive director of the Massachusetts League of Women Voters, celebrated the ruling in a statement Tuesday, calling it a defense of "one of our most sacred constitutional rights: the right to vote."
Canavan added:
"We are pleased to see this ruling and are committed to remaining in the fight to protect voting rights, not just for the Bay Staters who rely on mail voting, but for every American who utilizes this safe, secure, and trusted tool."
The framing from voting-rights groups treats mail-in voting as settled and secure. Trump has long questioned that premise. He has argued that mail-in ballots are vulnerable to fraud, a position he has held since before the 2020 presidential election. His March executive order was designed to address that concern by requiring states to verify voter eligibility through citizenship data before USPS would deliver ballots.
Multiple federal judges have now blocked that order, citing individual states' authority to administer their own elections. The question of whether the president can direct a federal agency to condition ballot delivery on state compliance with a voter-list requirement remains unresolved at the Supreme Court level.
The Justice Department's pending request for Supreme Court review of Talwani's June order is the most direct path for the administration to restore the policy before November. But the high court has not acted, and the midterm clock is running. Courts have also intervened in other Trump policies, including a case where a federal judge preserved protections for foreign nationals despite administration efforts to end them.
90 days out, the administration's options shrink
The practical effect of Tuesday's ruling is clear: no state will be required to submit a citizenship-based voter eligibility list to USPS before the midterms, and USPS cannot refuse to deliver mail-in ballots on that basis. The nationwide scope of the injunction closes the gap that existed after Talwani's June ruling, which applied only to the plaintiff states.
How many states had moved to comply with the executive order's 60-day notification requirement before Tuesday's injunction is not clear from available court filings. The order's framework, requiring states to opt in by submitting voter lists, was designed to create a cooperative system between states and the federal government. Federal courts have now dismantled that system before it could take effect.
The administration can appeal, and the White House statement suggests it will. But with the Supreme Court silent and the midterms less than 90 days away, the window for restoring the order before November 3 is narrow. Meanwhile, Trump's suggestion that he might declare a national emergency over election rules introduces an escalation that could provoke its own round of legal challenges. A similar dynamic played out when the administration vowed a Supreme Court fight after another appeals court ruling went against it.
An Obama appointee in Massachusetts has now done what more than 20 Democratic attorneys general could not accomplish alone: blocked the executive order everywhere, for everyone, with the midterms bearing down. The administration wanted states to prove their voters are citizens before ballots went out. The courts said no. Whether voters are better served by that outcome is a question the judges did not have to answer, but the voters will.





