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Judge criticizes US Postal Service for mail-in voting rules but will not block them

The U.S. A federal judge declined on Tuesday to block the?final rule' that was issued by the U.S. Postal Service?adopted a?final rule?that President Donald Trump?directed?that would?tighten the requirements for mail-invoting, but she still concluded that the agency violated a judge's order by issuing the ruling. U.S. district judge Indira Talwani ruled in Boston a day after U.S. Supreme Court lifted her two court orders that prevented USPS implementing the executive order Trump had signed targeting mail-in votes. USPS is still unable to fulfill Trump's directive despite these rulings. Various challenges to the executive order are still being played out in federal court, so the fate of this measure remains uncertain. USPS and plaintiffs did not immediately respond to a request for comment.

These legal battles are occurring less than three months from the November midterm elections in which control of Congress will be at stake. The fate of the rule could determine if new voting requirements will be required this fall for tens of millions of Americans who rely on mail-in balloting. Trump signed the executive order in march after calling for years to tighten the rules of voting by mail. He also pushed the false claim that the reason he lost the 2020 election was due to widespread voter fraud. According to the U.S. Constitution, the states have the responsibility of administering federal election. Talwani issued rulings on two separate cases that blocked implementation of Trump’s order. First, in a case brought by 23 states largely led by Democrats - the case addressed by the Supreme Court - and later in a suit by voting rights organizations including the League of Women Voters. The Supreme Court with its conservative majority of 6-3 put on hold one of these decisions, saying that a challenge from Democratic-led states was premature, as courts review final rules and not proposed rules. The injunction that the voting rights groups had obtained was still in effect even after the Supreme Court's ruling. They urged Talwani, however, to conclude USPS violated the injunction when it released the final version of the rule implementing Trump's order on Friday. This rule would require that states provide USPS lists of voters who have received mailed ballots, and unique barcodes on outbound and returned ballot mail envelopes. Talwani - a Democrat appointed by Barack Obama - agreed on Tuesday, saying that USPS "feigned" compliance with her ruling, and had ignored 'her explicit directive not to initiate or complete rulemaking to comply with Trump's executive orders. She said, however, that since USPS has acknowledged that it cannot implement the rule until?her injunction is lifted, she will not block it at this time. She said that the violation "may end up benefiting Plaintiffs," since the voting rights groups can challenge a "final rule" instead of one they might draft. California and Democratic Party arms have announced separate plans to continue challenging Trump’s executive order. (Reporting and editing by Franklin Paul, Deepa Babington, and Nate Raymond from Boston)

(source: Reuters)