Updated September 10, 2026 at 1:04 PM EDT
A federal appeals court panel has refused to clear the way for the U.S. Postal Service's plan for President Trump's attempt to restrict mail-in voting for the midterm election.
The ruling released Thursday by a three-judge panel of the 1st U.S. Circuit Court of Appeals keeps key parts of a USPS rule on federal mail ballots blocked. A lower court in Boston had issued a preliminary injunction against USPS last week.
But the 1st Circuit panel is not expected to have the final word in this legal fight.
Lawyers for the federal government are still waiting for a review by the Supreme Court, which the Trump administration had already asked to weigh in with an emergency request on Sunday.
As the legal fight over Trump's mail-in voting order continues, here's what to know about the state of voting by mail for the midterms:
Has the USPS plan directly changed mail-in voting for the midterms?
No, key parts of the plan, including requirements for states, are currently blocked by a court order. Voting by mail is still available to all voters who are eligible for it in their states, and USPS is expected to deliver mail-in ballots for the midterm election as usual.
How could the USPS plan change mail-in voting?
State election officials would be required to turn over lists of mail-in voters' names and addresses to USPS and have certain barcodes on their mail ballot envelopes, according to a revised rule for federal ballot mail the Postal Service issued in August. USPS says it would not deliver ballots to voters for election officials that don't meet those requirements.
When does mail-in voting start for the midterms?
North Carolina and some parts of Wisconsin started mailing out absentee ballots last week, which officially kicked off the voting season for this year's midterms. Many other states are set to begin sending out their mail-in ballots later this month.
Is it possible for the USPS plan to be carried out for the midterms?
Many election experts say it is too late for USPS to carry out this plan without causing major disruptions. A whistleblower report claims USPS has not properly tested the online portal system that would collect mail-in voters' information. The report also alleges the agency has set up a policy for verifying ballot envelopes that could result in many voters not getting their ballots in time for the midterm election or at all.
What are the legal arguments for and against the USPS plan?
USPS came up with this plan in response to a March executive order by President Trump, who said he issued the directives to USPS to stop illegal voting by non-U.S. citizens. Many studies and audits show, however, that problem is incredibly rare. While USPS claims its revised rule is an effort to regulate mail, challengers of the USPS plan argue it is illegal because the mailing agency has no authority to control voting by mail.
Hasn't the Supreme Court already ruled on Trump's mail-in voting order?
Yes, the Supreme Court ruled in August on a procedural question about one of the lawsuits. But so far, the justices have not ruled on the legality of the order or the USPS plan.
How long has mail-in voting been around in the United States?
Historians consider the Civil War election of 1864 — the year Abraham Lincoln was reelected president — as the start of large-scale voting by mail, although there are earlier examples of mail-in voting at the state and local levels going back to the 18th century.
Editor's note: USPS is a financial supporter of NPR.
Edited by Megan Pratz
Copyright 2026 NPR
