# Kavanaugh signals hope for Trump's mail ballot rules after 2026 > The justice's concurrence suggests the USPS rule could survive legal challenges and take effect by 2028. - Title: Kavanaugh signals hope for Trump's mail ballot rules after… - Summary: The justice's concurrence suggests the USPS rule could survive legal challenges and take effect by 2028. While Trump's mail ballot rules are blocked for… - Keywords: brett kavanaugh, donald trump, supreme court, usps, mail-in voting, 2026 midterms, 2028 election, samuel alito, clarence thomas, election rules, california, jason snead - Source: Fox News — https://foxnews.com/politics/kavanaugh-throws-trump-lifeline-mail-ballot-rules-despite-supreme-court-loss-midterms - Author: Elaine Mallon - Published: 2026-09-16T00:00:00+00:00 - Read time: 2 min - Topics: brett kavanaugh, donald trump, supreme court, usps, mail-in voting, 2026 midterms, 2028 election, samuel alito, clarence thomas, election rules, california, jason snead ## Kavanaugh leaves door open Justice Kavanaugh says there's a fair prospect Trump's mail ballot rule falls within USPS statutory authority, despite agreeing it's too soon for 2026. ## A pattern of support This is the third time Kavanaugh has offered Trump a legal pathway, previously on birthright citizenship and tariffs. ## Expert sees a lifeline Jason Snead of Honest Elections Project says Kavanaugh threw the government a lifeline by signaling they likely have statutory authority. > I would note though that Justice Kavanaugh threw the government a lifeline by saying that he views it as likely that they do have the statutory authority. ## Supreme Court blocks the rule The Court denied Trump's emergency request Monday, ruling the government was unlikely to succeed on the merits of its challenge. ## Case could return to court The rule is blocked for 2026 after ballots have been sent, but the litigation continues and could return to the Supreme Court. ## What the rule requires Federal ballot envelopes must include an election logo, be scannable, and carry a unique barcode. States must upload voter info to a USPS portal. ## The constitutional dispute 24 Democratic attorneys general sued, claiming the rule violates the Elections Clause. Trump argues USPS is regulating mail, not elections. ## Hope for 2028 implementation Snead holds out hope additional litigation could allow the rule to be implemented ahead of the 2028 presidential election. > I do hold out hope that there will be some additional litigation over this that could allow this rule to be implementing ahead of the 2028 presidential election. ## Timing was the problem Iowa's solicitor general says earlier litigation delayed the final rule. The Court maintained status quo with ballots about to go out. ## Alito and Thomas dissent Alito, joined by Thomas, argued the government made the necessary showing for a stay and questioned whether some plaintiffs had standing. ## No explanation from majority The Court issued an unreasoned order with no explanation, surprising observers given the high stakes and Alito's methodical dissent. > I think the biggest surprise was the fact that it came with an unreasoned order, especially right after they granted a stay in Missouri. ## States face steeper climb Without a looming election, Democratic states may struggle to explain why they can't comply with basic envelope design rules over two years. > So they're going to have a difficult time and a steeper hill to climb if they're trying to explain in 2027, for instance, why they can't possibly comply. ## Key takeaway While Trump's mail ballot rules are blocked for 2026, Justice Kavanaugh's concurrence suggests they may have legal authority to take effect by 2028.