URGENT: CLICK TO FIGHT BACK AGAINST THE LEFT!
(DC Pundit) – The U.S. Supreme Court on Monday denied President Trump’s emergency request to restrict mail-in ballot regulations ahead of the upcoming midterm elections, and conservatives have every right to be frustrated about it.
The emergency application was referred to the full Court by Justice Ketanji Brown Jackson. Justice Brett Kavanaugh concurred with the denial, citing timing concerns rather than the merits of the case itself. “For that reason, I concur in the denial of the application for stay,” Kavanaugh wrote, noting that state and local election officials do not have sufficient time to reasonably implement the rule before the elections.
To their credit, Justices Samuel Alito and Clarence Thomas weren’t having it. The two conservative stalwarts dissented, with Alito writing, “The Court incorrectly denies the Government’s application for a stay of a universal injunction that bars implementation of a final rule concerning election ballot mail.” Thomas joined the dissent. At least someone on that bench is paying attention.
The saga began earlier this month when U.S. District Judge Indira Talwani, an Obama appointee, issued a preliminary injunction blocking Trump’s executive order related to Post Office mail-in ballot rules, replacing a Temporary Restraining Order she had previously granted. Judge Talwani has now been assigned to not one, but two separate lawsuits targeting the same executive order. Funny how that works.
DOJ Solicitor General John Sauer has been fighting this battle aggressively. He argued before the Court that the Postal Service has clear legal authority to regulate mail-in ballot designs, describing the new rule as modest and entirely within constitutional bounds. “The Rule’s regulation of the U.S. Mail — not federal elections — is plainly constitutional,” Sauer wrote, adding that states “cannot choose to use the federal mails to carry out their elections but then insist that their election-related mail is somehow exempt from the Postal Service’s rulemaking authority, conferred by Congress, to regulate envelope design and addressee information.”
That is a rock-solid argument, and the fact that it wasn’t enough to secure an emergency stay is telling. On Sunday, Sauer made yet another appeal to the Supreme Court in a separate case, asking the justices to overturn Talwani’s preliminary injunction entirely.
With states already preparing to send out midterm ballots, the clock is ticking. Mail-in voting has been a contentious issue since the 2020 election, when an unprecedented flood of mail ballots raised legitimate questions about security and chain of custody that Democrats and the media spent years dismissing. The Trump administration’s push to bring some basic federal standards to the process is entirely reasonable, and the legal fight is far from over.
URGENT: CLICK TO FIGHT BACK AGAINST THE LEFT!
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