Judge calls Trump mail ballot rule ‘substantively unconstitutional’ as court battle extends

U.S. District Judge Indira Talwani declined to lift her temporary restraining order blocking a USPS rule that would impose new mail-in voting restrictions ahead of the Nov. 3 midterms, writing that the rule is 'likely' unconstitutional and that USPS probably lacked authority to issue it at all. She rejected the administration's argument that her order came too late under a recent Supreme Court ruling, calling that reading 'cynical' — the high court's decision addressed procedure only, not the rule's merits.

The rule would require states to overhaul vote-by-mail systems and get federal approval of mail-ballot voter lists. A dozen Republican state attorneys general have joined the administration's side, while Democratic-led states and voting rights groups continue fighting the rule in both Talwani's court and the 1st Circuit.

Trump has long claimed, without evidence, that mail voting enables fraud, despite using it himself; the administration says the rule targets noncitizen voting, which studies show is rare.

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