A federal judge appeared poised Thursday to extend a temporary block on President Donald Trump's plan for the U.S. Postal Service to establish new tracking and verification standards for mail ballots, directly affecting how ballots will be handled nationwide with 70 days before the midterm elections.
U.S. District Judge Indira Talwani, an Obama appointee, repeatedly pressed the Trump administration's Justice Department on whether the policy could be carried out in time. During a nearly two-hour hearing, she told Justice Department attorney Michael Velchik: "I have nothing from the USPS about how this will happen."
Talwani said she would attempt to issue a written decision by Thursday afternoon. Her existing 14-day temporary restraining order, which currently halts the policy, expires next week.
The dispute has already reached the Supreme Court once. Talwani previously blocked the executive order, but the Supreme Court lifted that injunction last month, concluding the initial challenge was premature because the USPS had not yet issued a final rule. The justices avoided ruling on the legality of the eventual policy itself.
The USPS published its final rule shortly before the Supreme Court's action. That allowed 24 Democratic states, along with the District of Columbia and several voting organizations, to renew their challenges.
Talwani is now assessing a completed policy rather than a proposal, leading her to issue the current short-term block while weighing a preliminary injunction.
The proposed rule mandates that mail-in ballots feature official Election Mail markings and be sent in automation-compatible envelopes with unique Intelligent Mail barcodes. Election officials would be required to submit voters' names, addresses, and corresponding barcode information through a federal portal.
The administration says these measures will help the USPS track mail-in ballots more closely and ensure ballots are sent only to eligible voters. It describes the requirements as modest, lawful standards for sensitive mail, noting that barcodes are already commonly used by the USPS and commercial mailers. States would retain their existing responsibility for determining voter eligibility.
During the hearing, an attorney for Texas, which supports the USPS policy, proposed allowing willing states to use the system voluntarily while blocking mandatory compliance—what he called providing "real-world evidence" of how the policy would operate.
Talwani rejected the suggestion sharply. "So we're going to do a test run on this election?" she asked. "We're not talking about an intellectual puzzle game. We're talking about people's right to vote."
Texas maintained there is no demonstrated, substantial risk of disenfranchisement under the proposed rules. But Talwani's concerns were partly informed by an anonymous disclosure Tuesday from the nonprofit group Whistleblower Aid, which alleged the federal portal was rushed and a single failed barcode scan could compromise an entire ballot.
The Justice Department attorney indicated at the hearing's start that the government would quickly appeal any injunction, potentially sending the dispute back to the Supreme Court. Talwani acknowledged: "I'm not the final word," adding she does not want her ruling "bouncing back and forth" between courts.
