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A federal appeals court on Friday cleared the way for the U.S. Postal Service to continue developing a Trump-backed rule that could sharply limit mail-in voting, temporarily staying a nationwide block issued weeks earlier by a district judge who found the proposal breached a 2021 settlement with the NAACP.
Sullivan had concluded the proposed rule violated the settlement’s requirement that the Postal Service take “extraordinary measures” to deliver election mail through 2028.
The panel found USPS likely to succeed on two grounds, ruling the NAACP’s challenge is “likely neither constitutionally nor prudentially ripe for review” because the rule has not been finalized, and that the proposal likely would not breach the settlement even if adopted.
The proposed rule flows from President Donald Trump’s March 31 executive order, “Ensuring Citizenship Verification and Integrity in Federal Elections.”
It directs the Department of Homeland Security, working with the Social Security Administration, to build state-by-state lists of verified U.S. citizens eligible to vote, and directs USPS to withhold mail-in and absentee ballots from voters not on those lists.
Postmaster General David Steiner told a Senate panel last month the agency would refuse to carry ballots for states that decline to share voter rolls.
The administration has appealed that ruling to the First Circuit.
The Postal Service must still complete rulemaking, including any required review by the Postal Regulatory Commission, before the proposal can take effect nationwide.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor’s degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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