The Daily BS • Bo Snerdley Cuts Through It!
The Daily BS • Bo Snerdley Cuts Through It!

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Appeals court puts Trump’s mail ballot reforms back in play before midterms

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BS BRIEF:

  • A federal appeals court temporarily lifted a lower court injunction, allowing the U.S. Postal Service to continue developing its proposed mail-ballot rule while litigation proceeds. The panel concluded the legal challenge was likely premature because the rule has not yet been finalized.
  • The proposed USPS rule remains just that—a proposal. It would require participating states to provide voter eligibility information and adopt certain ballot tracking standards before the agency would carry mail ballots under the new framework. The rule must still complete the federal rulemaking process before taking effect.
  • The ruling is only one piece of a broader legal battle over President Trump’s March executive order on election administration. Separate lawsuits challenging other provisions of that order continue in federal courts around the country.

APPEALS COURT REVIVES USPS BALLOT PROPOSAL, HANDING TRUMP AN IMPORTANT PROCEDURAL VICTORY

WASHINGTON — President Donald Trump picked up an important, though temporary, legal victory Friday after a federal appeals court cleared the way for the U.S. Postal Service to continue moving forward with a proposed rule tied to the administration’s election integrity initiative.

The unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit stayed an earlier injunction that had prevented USPS from advancing the proposal while litigation continued. In its order, the court concluded the legal challenge was likely “neither constitutionally nor prudentially ripe for review” because the proposal has not yet become a final regulation.

The decision does not put the proposal into immediate effect. Instead, it allows the Postal Service to continue the federal rulemaking process while the courts sort out the remaining legal questions.

The dispute stems from President Trump’s March executive order directing federal agencies to strengthen election administration procedures. Among other provisions, the order instructed agencies to develop methods for verifying voter eligibility and called on the Postal Service to establish procedures governing how mail ballots would be handled under the proposal.

USPS later proposed regulations that would require participating states to provide voter eligibility lists and comply with specified ballot tracking and formatting standards before ballots would qualify under the proposed federal framework. The agency argued standardized procedures would improve accountability and ballot tracking.

The NAACP challenged the proposal, arguing it conflicted with a 2021 legal settlement requiring the Postal Service to employ “extraordinary measures” to ensure timely delivery of election mail through 2028. Earlier this month, U.S. District Judge Emmet Sullivan agreed and temporarily blocked USPS from implementing the proposal.

Friday’s appellate ruling pauses that injunction.

The appeals panel emphasized that allowing USPS to continue the regulatory process now could avoid unnecessary delays if the proposal ultimately survives judicial review before the November midterm elections. The judges stressed they were not deciding whether the proposal is lawful—only that the challenge may have come too early because no final rule has yet been adopted.

Other federal courts are still weighing separate challenges involving different portions of the administration’s election directives, meaning additional rulings are expected in the weeks ahead.

For now, however, the administration has regained momentum in one of its highest-profile election cases, with the Postal Service once again free to continue developing the proposed rule while the courts consider its ultimate legality.


DBS WIRE SOURCES: