Democratic-controlled states on Wednesday filed another lawsuit challenging President Donald Trump’s executive order seeking to limit mail voting in this year’s midterm elections.The action, filed by about two dozen states against the U.S. Postal Service, marked a new phase in the high-stakes litigation just two days after the Supreme Court ruled against them in a separate case, but did not say Trump’s order was legal.The high court majority found the Democratic lawsuit was premature, but that was before the Republican administration issued a rule governing U.S. Postal Service delivery of mail ballots. Election officials warn it will be impossible to implement in the days before the first wave of mail ballots are sent out next week.“Across the country, states are already deep into preparations for the 2026 elections. Now, at the last moment, the federal government is attempting to meddle in those preparations and potentially threaten countless Americans’ right to vote,” New York Attorney General Letitia James, one of 25 Democratic attorneys general filing the lawsuit, said in a statement. “USPS has no authority to decide who can and cannot vote by mail.”
Trump’s executive order remains barred from taking effect under a separate injunction that the administration argues needs to be immediately rescinded in light of the high court’s ruling in the previous Democratic state lawsuit. It also had succeeded in a third case filed in May in the District of Columbia, convincing a judge that it was too early to prevent its implementation of the executive order.All previous challenges were filed before the administration published its mail ballot rule Friday night. The rule says that if states want their mail ballots delivered, they will need federal approval of the design of their envelopes and must give the Postal Service a list of voters eligible to receive them.
