Justices Alito and Thomas wrote in a dissent that the Postal Service has statutory authority to adopt rules and regulations for the collection, handling, transportation, delivery, forwarding, returning, and holding of mail.

What we found

Supports. The Supreme Court's dissent (No. 26A305) says the Elections Clause claim 'collapses into an inquiry about whether the Postal Service has statutory authority to promulgate the rule,' and that Congress may by statute authorize the Postal Service to issue such rules.[2][3]

Supports. Reuters reports that Justice Alito, joined by Justice Thomas, dissented from the Court's denial of the government's stay request.[1]

Supports. Coverage quotes Alito writing that the Postal Service has 'broad authority to regulate the mail,' and SCOTUSblog quotes him framing the dispute as whether the Postal Service has statutory authority to promulgate the rule.[4][5]

Context. The dissent was from denial of a stay on a preliminary injunction; Alito expressly stated he expressed no view on the likely outcome on de novo review.[4]

Sources

5 sources: 1 fact-checker, 2 primary, 2 not rated

1. 1In loss for Trump, US Supreme Court won't let Postal ...reuters.com · fact-checker · cited for: supports
2. 2UNITED STATES POSTAL SERVICE, et al. v. CALIFORNIA, et ...law.cornell.edu · primary source · cited for: supports
3. 326A305.xmlsupremecourt.gov · primary source · cited for: supports
4. 4US Supreme Court blocks Trump rule limiting mail voting, sides with Dem states • Washington State Standardwashingtonstatestandard.com · not rated · cited for: supports, context
5. 5Supreme Court denies Trump administration's request to ...scotusblog.com · not rated · cited for: supports

Where this claim was made

Said in 1 published post

• Bulwark Takes · Sep 15, 2026“They write, through this provision, Congress has, quote, broadly empowered the Postal Service to adopt rules and regulations. The Postal Service also possesses the power to provide for the collection, handling, transportation, delivery, forwarding, returning, and holding of mail, and for the disposition of undeliverable mail.”Post →

Related claims

• Justice Samuel Alito argued that the Postal Service has the authority to implement a regulation governing mail-in ballots.True
• Justice Samuel Alito and Justice Clarence Thomas dissented from the Supreme Court decision to block a Postal Service regulation regarding mail-in ballots.True
• Justices Thomas and Justice Alito dissented from the Supreme Court's ruling on mail-in voting restrictions.True
• Justices Alito and Thomas wrote that the government has a strong interest in enforcing a rule to enhance the visibility of federal ballot mail to better detect election fraud.True
• Justice Samuel Alito argued that the Administrative Procedure Act does not allow for challenges to certain Postal Service regulations.True