The Department of Justice on Monday asked a federal judge in Massachusetts to lift the ban on mail-in voting restrictions.
In a late filing, the department asserted that the SCOTUS’ finding in a separate lawsuit against Trump’s executive order on mail-in voting “leaves no room for further dispute.” The case has been brought by advocacy groups.
“This is a textbook case for reconsideration,” said assistant attorney general Brett Shumate.
The SCOTUS ruled earlier on Monday that the lower court judge did not have the authority to block Trump’s executive order because the postal service’s new rules had not been finalized when a group of majority-Democratic states initially sued.
“Federal courts review final rules, not proposed rules – and certainly not antecedent internal directives to propose a rule. If the Postal Service’s final rule harms the States, they may challenge that rule,” the court wrote.
The DOJ is arguing that the language bars the injunction from remaining in place.
“Because it is now clear that this Court lacked the jurisdiction to issue the preliminary injunction in this case, it must be vacated immediately,” the DOJ wrote.
These challenges are a product of an announcement Trump made in August 2025 that he would like to end mail-in voting. The acting president called mail-in voting “corrupt” although he voted by mail that same month.
This idea comes from Trump’s fear of a Democratic takeover after the midterms in the face of a declining economy and other controversial decisions since he began is his first term.
The Postal Services issued new requirements for mail ballots, but said it would not implement the new guidelines before the midterms unless both injunctions are lifted.
Advocacy groups are concerned that the tight deadline for absentee and overseas ballots that go out in just a few days in some states will cause problems for elections officials and voters.
“The issuance of the Final Rule with immediate effect will also sow widespread confusion among election officials and the public, thereby undermining voter confidence and disrupting the administration of elections,” they wrote in an emergency motion.
