The Trump administration filed another emergency appeal with the Supreme Court on Thursday, seeking to allow new restrictions on mail-in voting to take effect ahead of November’s midterm elections. 

The filing asks the justices to lift a lower court order blocking the restrictions as states prepare to send ballots to voters.

“The district court’s baseless order also imposes serious irreparable harm on the federal government, the States themselves, and the voting public,” Solicitor General D. John Sauer wrote in the appeal.

The administration is asking the high court to lift a temporary order blocking a U.S. Postal Service rule implementing President Donald Trump’s executive order on elections. The rule requires state election officials to provide the Postal Service with the names and addresses of voters receiving mail ballots and to use approved envelopes with unique barcodes. USPS could refuse to mail ballots from jurisdictions that do not comply.

The Supreme Court previously allowed parts of Trump’s plan to move forward but has not ruled on its legality.

U.S. District Judge Indira Talwani temporarily blocked parts of the rule last week and held a hearing Thursday on whether to issue a longer-lasting preliminary injunction.

The administration turned to the Supreme Court after failing to persuade Talwani or the 1st U.S. Circuit Court of Appeals to lift the temporary order. Temporary restraining orders generally are not immediately appealable, making the administration’s request unusual.

The government is asking the justices for a stay that could remain in place through proceedings before the appeals court and potentially another round of Supreme Court review. It also requested an administrative stay while the justices consider the broader request, which could allow USPS to resume preparations to implement the rule.

The administration characterized the new requirements as “modest” changes involving envelope design and addressee information. But the rule goes beyond formatting requirements, requiring states to provide information from their records identifying voters authorized to receive mail ballots.

“The rule thus plainly does not seize control of states’ administration of elections,” the appeal said. “It simply imposes reasonable preparation requirements for certain election-related mail.”

The timing is critical. The temporary restraining order remains in effect until Sept. 10, but North Carolina is scheduled to begin sending mail ballots Friday, and Alabama will reach its deadline for mailing ballots before the temporary order expires.

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