# Supreme Court Blocks Trump Mail Ballot Rule; Alito, Thomas Dissent

- URL: https://twotakes.us/stories/supreme-court-blocks-trump-mail-ballot-rule-alito-thomas-dissent
- Published: 2026-09-17T19:11:03.825297+00:00
- Topics: supreme-court, mail-in-voting, elections, trump-administration, usps

## What the left says
- The rule would have forced states to overhaul mail voting systems in the middle of an ongoing election, with ballots already mailed to voters in some states before the ruling.
- Election officials from both parties warned the rule was impossible to implement in time and would cause mistakes, delays, and confusion, potentially blocking eligible citizens from voting.
- The 7-2 ruling shows a broad bipartisan-appointed majority, including Trump-nominated justices Gorsuch, Kavanaugh, and Barrett, rejected the administration's attempt to reshape election rules unilaterally.
- Trump's furious reaction, calling his own appointees a 'shell of their original selves,' is viewed as an attack on judicial independence when courts don't rule in his favor.

## What the right says
- Justice Alito's dissent emphasizes the legitimate government interest in detecting election fraud through measures like individualized ballot barcodes and voter list submissions.
- Kavanaugh's concurrence leaves the door open, stating there is 'at least a fair prospect' the USPS rule falls within the agency's statutory authority, meaning the policy could still be implemented for future elections like 2028.
- The dissent argues that any implementation difficulties were caused by the timing of lawsuits and lower court rulings, not by flaws in the rule itself, with USPS retaining broad authority over mail delivery.
- Trump views the ruling as part of a pattern of judicial rulings against his administration's initiatives, including on tariffs and birthright citizenship, which he sees as inconsistent with the justices he appointed.

## Common ground
- The Supreme Court ruled 7-2 to keep the lower court's injunction in place, blocking the USPS mail ballot rule for the 2026 midterms.
- Justices Alito and Thomas dissented, while Kavanaugh wrote a separate concurrence agreeing with the majority's outcome but suggesting the rule might have merit in the future.
- The rule would have required USPS barcodes on mail ballots and advance submission of voter lists, with noncompliant ballots subject to non-delivery.
- The ruling does not resolve whether the rule is legal on the merits, leaving the door open for future litigation and potential implementation ahead of the 2028 election.

## Sources
- [HuffPost](https://www.huffpost.com/entry/supreme-court-trump-usps-rule_n_6aa0697de4b03076360532e0) (Left)
- [Fox News](https://www.foxnews.com/politics/kavanaugh-throws-trump-lifeline-mail-ballot-rules-despite-supreme-court-loss-midterms) (Right)
- [HuffPost](https://www.huffpost.com/entry/joe-scarborough-supreme-court-justices_n_6aa97516e4b0288deb0d08b0) (Left)
- [HuffPost](https://www.huffpost.com/entry/trump-supreme-court_n_6aa95015e4b0477c43bf6019) (Left)
- [HuffPost](https://www.huffpost.com/entry/alito-thomas-mail-voting-dissent_n_6aa89964e4b0477c43bed588) (Left)
- [Salon](https://www.salon.com/2026/09/15/in-blow-to-trump-supreme-court-blocks-mail-ballot-restrictions-from-taking-effect-in-2026-partner/) (Left)
- [Washington Post](https://www.washingtonpost.com/politics/2026/09/15/trump-slams-supreme-court-ruling-mail-ballots-personal-betrayal/) (Lean Left)

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