Alito, Thomas shred 'Hail Mary' challenge to federal ballot mail rules in dissent

Supreme Court Denies Request to Stay Injunction on Federal Mail Ballot Rules; Alito and Thomas Dissent

The Supreme Court on Monday denied a request by the Trump administration for a stay of a nationwide injunction blocking a Postal Service rule on mail ballots for federal elections. Justices Samuel Alito and Clarence Thomas dissented from the unsigned order.

Alito, joined by Thomas, wrote that the plaintiffs included parties without standing and others advancing a claim the Court had previously described as unlikely to succeed. “The Court incorrectly denies the Government’s application for a stay of a universal injunction that bars implementation of a final rule concerning election ballot mail,” Alito stated. “Some of the plaintiffs lack standing, while the remainder are pursuing a claim that this Court has recently called a ‘Hail Mary pass’ that ‘rarely succeeds.’” He added that the government had satisfied the requirements for a stay.

Justice Brett Kavanaugh filed a concurrence noting that the Court had received briefing indicating the rule likely fell within the Postal Service’s statutory authority. He concluded, however, that applying the rule to the 2026 midterm elections would be arbitrary and capricious under the Administrative Procedure Act because state and local officials lacked adequate time to implement it.

The rule requires envelopes for federal election mail to carry an election-mail logo, to be compatible with high-speed sorting equipment, and to include a barcode unique to each voter. Election officials must submit envelope designs for Postal Service review and upload basic voter information to a USPS online portal. Noncompliant mailings would be returned to officials for correction.

The Court’s order leaves the injunction in place for the upcoming election cycle. Kavanaugh’s concurrence and Alito’s dissent both reference the Postal Service’s authority over the collection, handling, transportation, and delivery of mail. The administration had sought to enforce the requirements before the 2026 midterms, but lower courts had blocked the rule on procedural and timing grounds.

Fox News Digital previously reported on related federal appeals court decisions rejecting earlier administration efforts to implement the mail ballot standards. The Postal Service had proposed that states refusing to provide voter information would not receive delivery of certain ballot materials, though that element was not part of the final rule under review.

The unsigned order does not address the underlying merits of the rule or the injunction beyond the stay request. Alito’s dissent focused on the standards for granting emergency relief rather than a full evaluation of standing or statutory authority.

Anders Hagstrom is a reporter with Fox News Digital covering national politics and major breaking news events. Fox News’ Stepheny Price and Shannon Bream contributed to this report.