A federal appeals court panel has refused to clear the way for the U.S. Postal Service's plan to restrict mail-in voting for the midterm election, a move initiated by President Trump. The ruling, released on Thursday by a three-judge panel of the 1st U.S. Circuit Court of Appeals, keeps key parts of a USPS rule on federal mail ballots blocked. A lower court in Boston had issued a preliminary injunction against USPS last week.

Legal Context

The 1st Circuit panel is not expected to have the final word in this legal fight. Lawyers for the federal government are still awaiting a review by the Supreme Court, which the Trump administration had already requested with an emergency appeal on Sunday.

Current State of Mail-in Voting

As the legal battle over Trump's mail-in voting order continues, here’s what to know about the state of voting by mail for the midterms:

  • Has the USPS plan directly changed mail-in voting for the midterms? No, key parts of the plan, including requirements for states, are currently blocked by a court order. Voting by mail remains available to all eligible voters in their states, and USPS is expected to deliver mail-in ballots for the midterm election as usual.
  • How could the USPS plan change mail-in voting? State election officials would be required to provide lists of mail-in voters' names and addresses to USPS and include specific barcodes on their mail ballot envelopes, according to a revised rule for federal ballot mail issued by the Postal Service in August. USPS has stated it would not deliver ballots to voters for election officials that do not meet these requirements.