Shapiro leads 24-state lawsuit against USPS mail-ballot rule days after Supreme Court handed Trump a win

 August 27, 2026

Pennsylvania Gov. Josh Shapiro and attorneys general from 23 states are suing the U.S. Postal Service over a new federal mail-in ballot rule, a move that came just two days after the Supreme Court sided with the Trump administration.

The coalition filed a 53-page complaint challenging the USPS's newly finalized "Ballot Mail for Federal Elections" rule, which requires state and local election officials to submit information on intended mail-in ballot recipients to a USPS portal, adopt specific ballot-envelope designs subject to USPS pre-approval, and add trackable barcodes to mail-in ballots. The states are also seeking a court order to block the rule while the case proceeds, Fox News Digital reported.

The timing is pointed. The Supreme Court ruled 6-3 to stay an earlier federal court injunction that had blocked key parts of President Trump's mail-voting executive order. That ruling found the states' initial challenge was premature, USPS hadn't yet issued a final rule when they filed suit. A Massachusetts federal judge who had issued the original injunction lifted it the same day the high court acted.

Two days later, USPS published its final rule in the Federal Register. Two days after that, the states were back in court with a new complaint.

Shapiro frames the fight as a 2028 audition

Shapiro, widely regarded as a potential 2028 Democratic presidential contender, wasted no time posting about the lawsuit on X. His language left little doubt about the political stakes he sees in the case.

Shapiro wrote on X:

"I'm suing the Trump Administration to stop their unconstitutional attempt to change the rules and restrict mail-in voting. I'll remind the President of my track record going up against him in court, and winning, to protect Pennsylvania's free, fair, safe, and secure elections. I'm prepared to do so again."

He added that "nothing about voting by mail has changed here in Pennsylvania" and that voters can "still vote safely and securely by mail." He also claimed that "the authority to set election rules belongs to the states, not the federal government."

That framing, a Democratic governor casting himself as the defender of voting rights against a Republican president, is a familiar playbook. And Shapiro's emphasis on his personal "track record" against Trump reads less like a legal brief and more like a campaign pitch.

What the USPS rule actually requires

The rule at the center of the dispute creates several new federal requirements for how states handle mail-in ballots. Election officials would need to submit information about intended mail-ballot recipients to a USPS portal. The Postal Service would then compile state-specific lists of enrolled mail voters from that submitted data.

Beyond the data-sharing mandate, the rule imposes design requirements. Ballot envelopes would need trackable barcodes. Officials would have to submit their envelope designs to USPS for pre-approval, a step that could force states to replace envelopes they have already purchased, with midterm elections approaching in November.

The White House defended the rule as a straightforward election-security measure. Spokeswoman Lauren Bis told Fox News Digital:

"The Supreme Court ruling was a major win for the security of American elections. Radical Democrats continue to oppose commonsense measures that protect the security of mail-in ballots and ensure only Americans are electing American leaders."

Bis added that "the Trump administration will continue to lawfully enact the agenda President Trump was elected on, which includes the safety and security of our elections."

Attorney General Todd Blanche said the Department of Justice remains fully prepared to fight for election integrity and defend the mail-in voting restrictions against legal challenges ahead of the midterms. USPS did not respond to Fox News Digital's request for comment in time for publication.

States built their complaint around the Supreme Court's own language

The coalition's legal strategy leans heavily on what the Supreme Court itself said when it stayed the earlier injunction. The states' complaint quotes the high court's finding that "no law enacted by Congress delegates authority to control mail-in voting to USPS" and that the president's directives to USPS were "ultra vires", meaning beyond the agency's lawful authority.

The complaint also notes that the Supreme Court stayed the injunction "not because Plaintiff States' claims lacked merit, but because the States 'lack[ed] standing to bring' their claims" at the time, since USPS had not yet implemented the executive order. The Court explained that if USPS "ultimately adopts a final rule that 'harms the States, they may challenge that rule.'"

USPS published its final rule two days after that ruling, giving the states the concrete agency action they had lacked the first time around.

The states argue the rule improperly gives USPS a new role in running elections, forces election officials to adopt untested procedures and share ballot-recipient information with a federal agency, and compels states to potentially replace already-purchased envelopes as midterms draw near. They also contend USPS skipped a required review process for major nationwide changes to postal services or operations.

Democrats keep losing in court, and keep filing

The pattern here is familiar. Democratic-led states challenge a Trump administration action, lose at the Supreme Court, and return with a retooled complaint days later. The cycle of legal defeats followed by fresh filings has become a defining feature of progressive legal strategy during the Trump presidency.

In this case, the states have at least one procedural argument the Supreme Court itself left open: standing. The Court said the initial challenge was premature because USPS hadn't acted yet. Now it has. Whether a federal court agrees that the final rule causes the kind of concrete harm required to sustain a lawsuit is the central question going forward.

But the political dimension is hard to miss. Shapiro is not merely a governor defending his state's election procedures. He is a likely 2028 presidential candidate positioning himself as the Democrat willing to take on Trump in court, and saying so publicly, on social media, in language designed for a national audience.

California Gov. Gavin Newsom, another figure with national ambitions, also appears connected to the case. The complaint's filename references "Cal_v_USPS," suggesting California is a lead plaintiff. Newsom has promised a new legal fight following the Supreme Court's decision.

The Supreme Court's conservative majority has handed the Trump administration a string of significant wins this term. Each one has prompted the same response from Democratic officials: defiant press statements, fresh lawsuits, and fundraising appeals. The substance of the legal arguments may vary, but the political incentive never changes.

The core question the states raise, whether Congress or the executive branch controls the rules of mail-in voting, is a serious constitutional issue. But wrapping that question in a campaign-style social media rollout, complete with personal boasts about past courtroom victories, does not inspire confidence that the lawsuit is driven primarily by principle.

Trackable barcodes and pre-approved envelope designs are not voter suppression. They are the kind of basic safeguards most Americans would expect in a system that mails millions of ballots to homes across the country. The states suing to block those measures may have legal standing this time around. What they lack is a convincing explanation for why verifying mail ballots is a threat to democracy rather than a protection of it.

When election security becomes the enemy, the people filing the lawsuits are telling you more about their priorities than they realize.