Merkley, Wyden, Colleagues Urge Supreme Court to Block Postal Service Rule Limiting Mail-In Voting

September 14, 2026 Merkley, Wyden, Colleagues Urge Supreme Court to Block Postal Service Rule Limiting Mail-In Voting 261 Members and former Members file bicameral, bipartisan brief as court order barring Postal Service rule limiting mail voting is being challenged by Trump’s DOJ Washington, D.C. – Oregon’s U.S. Senators Jeff Merkley and Ron Wyden joined a bipartisan, bicameral coalition of 261 current and former Members of Congress challenging the legality of President Trump’s Executive Order and U.S. Postal Service (USPS) rule seeking to exert control over mail-in ballots ahead of the 2026 midterm elections. “Millions of Americans cast their ballots with vote-by-mail, and Donald Trump is trying to make it harder for folks to vote just weeks before an election,” said Merkley. “At Trump’s bidding, this new USPS rule would upend procedures that states and voters rely on and create confusion about whether ballots will be delivered and counted. Trump doesn’t have unilateral authority to rewrite the rules for voting, and we’re urging the Supreme Court to protect the constitutional role of Congress and states in administering our free and fair elections.” “Donald Trump is plotting in plain sight to rig the upcoming election by weaponizing the Postal Service to undermine vote-by-mail in Oregon and nationwide,” said Wyden. “Vote-by-mail has long proven to be fair and effective, which of course means Trump hates it and is scheming to create confusion weeks before ballots go out. His actions are illegal, and our court brief asks the Supreme Court to follow the clear language of the Constitution and protect elections throughout America.” The coalition of 261 current and former Members of Congress filed an amicus brief with the U.S. Supreme Court in the matter of State of California, et al. v. United States Postal Service, et al. , a lawsuit brought by a coalition of State Attorneys General against the USPS. The court case challenges a final rule issued by the USPS pursuant to Trump’s directive that imposes unconstitutional and unworkable restrictions on mail-in voting, including requiring states to provide a “citizenship verification list” and attempting to give USPS control over who can vote by mail. Nearly one-third of Americans have voted by mail in recent elections — a voting practice Trump himself used as recently as August 2026 , when he voted in Florida’s Republican primary. In the court filing, the amici curiae argue that Trump’s Executive Order 14399 and USPS’s final rule violate the separation of powers and usurp congressional authorities outlined in Article I of the U.S. Constitution, which gives the States and Congress exclusive authority over election administration. The amici also pointed to a recent federal court ruling blocking the USPS from implementing its newly finalized mail ballot rule for the midterm elections, saying the agency lacked the authority to implement the rule and that its actions are “ substantively unconstitutional and contrary to law .” The lawmakers concluded by asserting States’ power to administer elections and Congress’s power to make or alter rules regulating elections, which the Supreme Court itself has described as an “ override ” authority. Trump’s illegal incursion on this authority is an attempt to disenfranchise people who depend on mail-in ballots to vote. The amicus brief was led by U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration, Senate Democratic Leader Chuck Schumer (D-N.Y.), Senate Judiciary Committee Ranking Member Dick Durbin (D-Ill.), and Senate Homeland Security and Governmental Affairs Committee Ranking Member Gary Peters (D-Mich.), along with Representative Joe Morelle (D-N.Y.-25), Ranking Member of the Committee on House Administration, and Co-Chairs of the House Democrats’ Litigation Task Force Oversight Ranking Member Robert Garcia (D-Calif.-42), Assistant Leader Joe Neguse (D-Colo.-02), and Judiciary Ranking Member Jamie Raskin (D-Md.-08). In addition to Merkley and Wyden, the brief was joined by the entire Senate Democratic Caucus, current Members of Congress, and former Members of Congress from both parties. Merkley and Wyden have consistently supported access to voting by mail and have previously urged USPS to follow federal law and protect voters’ ability to cast their ballots by mail. Full text of the amicus brief can be found by clicking here . Print Email Tweet Previous Article