Power Grab/Fire anyone who can stop him
The Supreme Court denies the administration’s third emergency application in 6 weeks over mail-in voting restrictions
Solicitor General D. John Sauer asked the Court on September 6, 2026 to stay a judge’s order barring the Postal Service’s August ballot-mail rule; the Court denied the application on September 14.
What happened
On Sunday, September 6, 2026, Solicitor General D. John Sauer withdrew the administration’s September 3 emergency application and filed a new one, No. 26A305, asking the Supreme Court to stay Judge Indira Talwani’s September 4 preliminary injunction. The injunction barred the government from requiring states to comply with the Postal Service’s August ballot-mail rule. It was the third application in under 6 weeks.
On September 14, the Court denied the application in a brief unsigned order, saying the government was unlikely to succeed on the merits. Justice Kavanaugh concurred, calling use of the rule in 2026 arbitrary and capricious for lack of time. Justices Alito and Thomas dissented. The rule stays enjoined for the midterms.
Who benefited
States and their election officials will not be required to follow the Postal Service’s August ballot-mail rule in the midterms. The Court’s denial leaves Judge Talwani’s injunction in place. The government’s third application in under 6 weeks failed, and the rule stays enjoined.
Who wanted something
The administration wanted the Postal Service’s August ballot-mail rule in force for the midterms, and it applied to the Supreme Court 3 times in under 6 weeks. Sauer withdrew his September 3 application and refiled it on September 6 as No. 26A305. The Court denied it on September 14.
Who lost out
The administration lost its application, and the Court said it was unlikely to succeed on the merits. Justice Kavanaugh wrote that using the rule in 2026 was arbitrary and capricious for lack of time. Only Justices Alito and Thomas dissented, so the rule stays enjoined through the midterms.
Why it matters
The Supreme Court refused to let the Postal Service’s ballot-mail rule take effect for the midterms, over 2 dissents. Three applications in under 6 weeks failed to change the result. Kavanaugh’s reason was time: the rule could not be used in 2026 without being arbitrary and capricious.
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