The Justice Department (DOJ) filed a motion late Monday asking a federal judge in Massachusetts to lift a nationwide injunction that blocks the implementation of mail-in voting restrictions. The request follows a separate Supreme Court ruling that found federal courts lacked jurisdiction to block a related presidential directive because the specific agency rules had not yet been finalized.
The legal dispute centers on a March executive order from President Trump that directed federal agencies to verify the citizenship of eligible voters and ordered the U.S. Postal Service (USPS) to establish new standards for mailing ballots. Nearly two dozen states and several voting rights groups filed lawsuits to stop the order, arguing it would lead to voter disenfranchise. While a lower court initially issued an injunction to pause the changes, the Supreme Court ruled earlier Monday that the challenge was premature because the USPS regulations were not yet final at the time of the initial lawsuit.
In the Monday night filing, Assistant Attorney General Brett Shumate argued that the Supreme Court's reasoning "plainly bars" the existing nationwide block from remaining in place. The DOJ stated the injunction must be vacated immediately because the court lacked the authority to issue it. Conversely, voting rights groups filed an emergency motion on Saturday, stating that changing mail-in rules so close to the November midterms would cause confusion for election officials and the public.
The scale of the impact involves voters across at least 20 states and the District of Columbia that participated in the legal challenge. The source does not report a specific dollar amount or the exact number of households affected, but it notes that absentee and overseas ballots are scheduled to be mailed in some states within a matter of days. If the restrictions are allowed to proceed, voters and election workers would notice changes to how ballots are handled, transported, or verified by the USPS, though the agency has not detailed the specific day-to-day procedural shifts for the individual voter.
The outcome of this motion could set a precedent for how much authority the executive branch has over mail-in voting procedures without prior finalized agency rulemaking. If Judge Indira Talwani grants the DOJ request, the restrictions could technically go into effect immediately, though the USPS has stated it would wait for all injunctions to be cleared. The next major step is the formal publication of the USPS final rule on Wednesday, following the DOJ's late-night request for an immediate vacatur of the current court block.
