Lawmakers Challenge Trump’s Postal Service Rules Before High Court
More than 250 current and former members of Congress have filed an amicus brief urging the Supreme Court to invalidate a Trump-era executive order and subsequent Postal Service policy regarding mail-in voting. The coalition argues the administration is unconstitutionally usurping legislative authority over federal elections ahead of the midterms.

The filing, submitted by the entire Senate Democratic Caucus alongside over 90% of House Democrats and 15 former GOP lawmakers, challenges the administration’s attempt to stay a district court injunction. That lower court ruling currently blocks USPS rules that critics contend impose unlawful requirements on states and bar noncompliant election officials from using postal services for ballot distribution.
Legal arguments center on the constitutional separation of powers. The signatories assert that the executive branch lacks the authority to dictate election procedures, a power they maintain is reserved for Congress and the states under Article I. Senate Minority Leader Chuck Schumer characterized the push as a deliberate attempt to obstruct the electoral process, noting the irony that the former president himself frequently utilizes mail-in ballots.
Key figures leading the initiative include Senators Alex Padilla, Dick Durbin, and Gary Peters, alongside House members Jamie Raskin and Joe Morelle. The Supreme Court is now tasked with deciding whether to allow the disputed USPS policy to remain in effect while the broader legal battle over its constitutionality proceeds. The administration continues to defend the policy as a modest and lawful exercise of agency discretion.
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