The D.C. Circuit Court of Appeals paused an order that had blocked Trump administration USPS ballot changes, letting USPS keep moving toward a mail ballot rule while its appeal continues. Judge Emmet Sullivan had stopped the agency from using the proposal earlier this month, but Friday’s ruling keeps the fight alive before the November 2026 general election.
The three-judge panel said USPS had made a strong showing that it is likely to succeed on two arguments. It also wrote that “there can be no do over” once the election happens.
Emmet Sullivan and USPS
Sullivan had agreed with the NAACP that the proposed rule would violate the 2021 settlement requiring USPS to prioritize the timely delivery of election mail through 2028. His order blocked the agency from implementing the standards and procedures in the proposal while the case continued.
The appeals court’s pause gives USPS a temporary green light to keep moving toward a final rule. The panel said the agency can continue while the appeal plays out, but it did not decide whether the rule is ultimately lawful.
The proposed mail ballot rule
Under the proposal, states would have to send USPS information about voters who requested mail-in or absentee ballots, along with barcode information tied to those ballots. USPS would then use those lists to determine whether to transmit ballot mail.
Voting rights advocates have warned that the rule could allow USPS to refuse to deliver ballots to eligible voters if they are not on approved lists or if states fail to comply with the new federal requirements. The rule stems from President Donald Trump’s March executive order attacking mail-in voting.
NAACP challenge and appeal
The NAACP challenged the rule in 2020 in a case over USPS delays that threatened mail voting during the COVID-19 pandemic. USPS later agreed in 2021 to the court-enforced settlement that runs through 2028, and that earlier agreement now sits at the center of the dispute.
The panel said the NAACP’s challenge is not yet ripe for review and that the rule likely would not violate the settlement even if finalized. The ruling does not end the case or settle whether USPS can ultimately put the proposal into force before the November 2026 general election.
