# Kavanaugh Supports Mail Ballot Rules for 2028 > Kavanaugh says USPS has legal authority for mail ballot rules, giving hope for 2028 elections. - Title: Kavanaugh Supports Mail Ballot Rules for 2028 · New York Post - Summary: Kavanaugh says USPS has legal authority for mail ballot rules, giving hope for 2028 elections. Kavanaugh's concurrence suggests USPS may implement Trump's… - Keywords: brett kavanaugh, us postal service, mail ballot rules, 2026 midterms, 2028 election, supreme court, trump administration, election mail, ballot rules, statutory authority, news, entertainment - Source: New York Post — https://nypost.com/2026/09/17/us-news/kavanaugh-throws-trump-a-lifeline-on-mail-ballot-rules-despite-supreme-court-loss-before-midterms - Published: 2026-09-17T15:07:43+00:00 - Read time: 1 min - Topics: brett kavanaugh, us postal service, mail ballot rules, 2026 midterms, 2028 election, supreme court, trump administration, election mail, ballot rules, statutory authority, news, entertainment ## Kavanaugh's Legal Opinion Brett Kavanaugh wrote in his concurring opinion that the USPS likely has statutory authority for mail ballot rules. > In my view, based on the briefing the Court has received at this interim stage, there is at least a fair prospect that the final rule falls within the Postal Service’s statutory authority ## 2026 Midterm Blockade The rule is blocked for the 2026 midterms after ballots have already been sent. > The decision leaves the rule blocked for the 2026 midterms after ballots have already been sent. ## 2028 Election Hope Kavanaugh says the rule could be implemented by 2028 elections through additional litigation. > I think that as a practical matter, the rule is not going to be implemented in time for the midterms. I think that’s a done deal at this point. But 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 ## Rule Requirements The rule requires federal ballot mail envelopes to have election logos, be scannable, and carry unique barcodes. > The Postal Service rule requires federal ballot-mail envelopes to include an election-mail logo, be scannable by high-speed processing equipment, and carry a specialized barcode unique to each voter ## Legal Challenge 24 Democratic state attorneys general sued the Trump administration over constitutional concerns. > A coalition of 24 Democratic state attorneys general sued the Trump administration, alleging the rule violates the Constitution’s Elections Clause ## Alito's Dissent Justice Alito and Thomas argued the government made necessary showing for a stay and questioned plaintiff standing. > Alito, joined by Justice Clarence Thomas, dissented, arguing that the government had made the necessary showing for a stay ## Timing Challenges Earlier litigation and injunctions delayed the rule's implementation for 2026 elections. > Iowa Solicitor General Eric Wessan also pointed to timing as a major factor, noting that earlier litigation and an injunction in Massachusetts delayed the Postal Service’s ability to publish the final rule ## Court's Unexplained Decision The Supreme Court denied the emergency request without explaining the reasoning. > Abhishek Kambil said the lack of a fuller explanation from the court’s majority stood out to him ## 2028 Implementation Possible The rule may be in effect for the 2028 presidential election after further litigation. > Wessan said that he expects the rule to remain sidelined this year while leaving open the possibility of a different outcome later ## Democratic States' Challenge Democratic states may struggle to explain non-compliance with mail ballot rules by 2027. > 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 with basic rules like this over a two-year time frame ## Key takeaway Kavanaugh's concurrence suggests USPS may implement Trump's mail ballot rules by 2028 despite blocking them for 2026 midterms.