A bipartisan group of 261 current and former federal lawmakers is asking the U.S. Supreme Court to leave in place an order blocking a Postal Service rule that would add requirements for mail voting.
The group filed a friend-of-the-court brief in California and other states' lawsuit against the U.S. Postal Service, arguing that election administration belongs to states and Congress rather than the executive branch.
Senate Democratic Leader Chuck Schumer of New York and Sen. Alex Padilla of California led the filing with other Senate and House committee leaders. Rep. Joe Morelle of New York also joined the effort.
The case challenges a Postal Service rule issued in response to a Trump executive order ahead of the 2026 midterm elections. According to the lawmakers, the rule would require states to provide a citizenship verification list and would give the Postal Service authority over access to mailed ballots.
The Trump Justice Department is challenging a lower-court order that prevented the rule from taking effect. The release did not include the administration's legal argument or the full procedural schedule before the Supreme Court.
Brief argues executive branch lacks authority
The lawmakers contend that Article I of the Constitution gives states the primary role in administering federal elections and gives Congress authority to make or change election rules.
Their brief argues that the president and Postal Service cannot claim election powers that the Constitution assigns elsewhere. It also supports the lower court's conclusion that the Postal Service likely lacked statutory authority to issue the final rule.
The lower court found that the challengers were likely to prevail on claims that the rule imposed unconstitutional requirements on states and could bar noncompliant election offices from using the mail system to distribute ballots.
Mail voting used by nearly one-third
Nearly one-third of Americans have voted by mail in recent elections, according to the lawmakers' release. The group said the option is particularly important for members of the military, rural voters and Americans living abroad.
The brief asks the Supreme Court to preserve the injunction while litigation continues. A ruling at this stage would address whether the challenged rule can take effect, not necessarily resolve every claim in the underlying lawsuit.
All members of the Senate Democratic caucus joined the filing, along with House members and former lawmakers from both parties. The release did not list the number of participants from each party.
Schumer and the other Democratic leaders described the rule as an effort to restrict mail voting. Their statements represent the filing group's position, and the Supreme Court will consider the legal arguments presented by all sides.
The lawmakers also noted that President Donald Trump voted by mail in Florida's August 2026 Republican primary. They used that example to argue that mailed ballots are a routine part of election administration across party lines.
The dispute reaches the court as states prepare for November's midterms and some begin mailing ballots. Timing is part of the challengers' argument that changing procedures now would create administrative problems and voter confusion.
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