Supreme Court Blocks Trump's Mail-Ballot Rules 7-2 for the 2026 Midterms, Kavanaugh Resting It on Timing Rather Than Authority

On September 14, 2026 the Supreme Court blocked the Trump administration from enforcing the USPS mail-ballot rules issued under the March executive order, 7-2, with Justices Clarence Thomas and Samuel Alito dissenting. The challenged rules would have required states to submit mail-ballot envelope designs for USPS pre-clearance and to feed voter information into a USPS system before ballots could be mailed, with non-compliant ballot mail subject to rejection. Justice Brett Kavanaugh, in a concurrence (the underlying order was per curiam), reasoned that applying the rules to an election already underway was unlawful because state and local election officials had insufficient time to implement the changes — mail ballots had already gone out in several states, North Carolina first. Voters face no new federal mail-voting hurdle this cycle.

The unsigned order and Kavanaugh’s concurrence rest on different grounds, and the difference matters. A 7-2 vote in a case this administration has driven to the emergency docket three times (2026-09-03–doj-third-scotus-emergency-application-usps-mail-ballot-rule) reads like a rout, but only Kavanaugh’s concurrence rests on timing: it does not say USPS lacks the authority to impose ballot-design pre-clearance, it says USPS cannot impose it this late. The unsigned order itself says: “The Government is unlikely to succeed on the merits of its challenge to the District Court’s preliminary injunction. And the equitable factors applicable for obtaining emergency relief from this Court do not favor a stay.” (No. 26A305, Sept. 14, 2026; 2026-08-28–scotus-lifts-talwani-block-mail-voting-order-usps-rule-effective-nc-first-to-comply for the August stay of Judge Indira Talwani’s first block.) Talwani’s September 4 preliminary injunction had rested on the same clock, citing a final rule issued fewer than seventy days before the election (2026-09-04–talwani-preliminary-injunction-usps-mail-ballot-rule-seventy-days-before-election).

What this closes is the 2026 exposure. What it leaves open is whether an executive order restricting mail voting through postal rulemaking is lawful at all — a question the corpus has now tracked through six months of litigation (2026-03-31–trump-executive-order-restricts-mail-voting-usps-voter-lists) without a final merits answer. The administration retains the vehicle, but it lost the stay on the Court’s interim view of the merits as well as on Kavanaugh’s calendar.

Correction, 2026-09-20 — Kavanaugh CONCURRED; he did not write for the majority

Corrected above. This entry originally said Kavanaugh was “writing for the majority.” He was not. The underlying order was per curiam/unsigned; Kavanaugh wrote a concurrence. Verified independently against SCOTUSblog and CNBC during a draft fact-check pass, both characterizing the opinion identically.

This is exactly the conflict the entry itself flagged when it was written: the two capture stories behind it gave incompatible accounts, one calling the opinion a concurrence and one saying he wrote for the majority, and this entry followed the second. The entry’s own caution was right and its choice was wrong — the lesson is to resolve such a conflict against the Court’s own record before publishing canon, not to pick the more specific-sounding account.

The distinction is not cosmetic and it cuts toward this entry’s own analysis: a concurrence sketching a “fair prospect” that USPS holds statutory authority is one justice’s view, not a holding, which makes the rule’s survival for 2028 more open than a majority opinion would leave it, not less.

Also established 2026-09-20, and material to this entry’s framing: the case is No. 26A305, USPS v. California, and the September 14 action was a denial of the administration’s emergency application to lift the Talwani injunction — not a ruling on the merits. Kavanaugh’s stated ground was APA arbitrary-and-capricious: officials lacked time to implement, while there was “at least a fair prospect” USPS possesses the authority.

And the entry is incomplete on the record around it. A separate ruling by Judge Nichols (D.D.C.) on 2026-09-13 in DSCC v. Trump granted a preliminary injunction holding the Postal Reorganization Act does not give USPS this authority at all — the statutory-authority question SCOTUS expressly did not reach. Nichols is the same judge who denied relief on ripeness grounds in May. That reversal is not yet recorded in this corpus and should be its own entry.