The Supreme Court’s grant of a stay in one of the mail-in ballot cases is deeply wrong, but it’s also not the main event over whether Trump’s patently unlawful executive order can take effect.
Remember, the Purcell principle is only in place when democrats are in charge like when Alabama had to draw another Dem seat and the court said was too late in like February 2022.
... and Purcell only applies to the courts. So, a lawless Administration can do whatever it wants to, right up to Election Day. The effect is the same, whoever makes the rules.
Seriously. When Roberts went on his sermon about judges being apolitical, I almost lost my lunch. There has been no more politicized court than his in living memory.
My guess is there are so many involved with their ass hanging out if the midterms don't go in favor of the gop, hell will be knocking at their doors. Looking directly at scotus.
Regardless, the PO is ready to act on this. The SCOTUS could refuse to rule on the PO issue until AFTER the election, AFTER the damage is already done. There is NO GOOD THAT WILL COME OF THIS!
USPS- just sent cert reg return receipt, got nothing back. Talked to PO handling addressed mailed to and advised since Covid they just get too much and don't bother. No delivery and not the first time. Can't wait to see how they dump mail-in ballots. The fix has been in at SCOTUS for a long time. Time to bulldoze the bldg and take away security and let them eat their cooking as rest of Americans have to. It is just the pretense of the rule of law at this point.
Doesn't the final USPS rule say (in addition to alot of technical issues about the envelopes like bar codes) that each state's chief election official provides the official mail-in/absentee voter list and the USPS then will use this list to verify the mailings themselves? Aside from terrible timing, potential invasion of privacy, and infringement on states' rights, what is the risk the USPS actually will delay or block valid voters' ballots?
The risk is at 100%. The whole purpose of it is to grant them cover to do exactly that, spoiling the election even if the courts intervene. Everything in the second term is about attempting faits accompli.
Re: Seventh - If the SC uses "Purcell" to effectively say 'we can't interfere with an 11th hour election change because it's the 11th hour' it would truly be a lawless court's chef's kiss.
"Section 3 (the really troubling part) is directed toward the U.S. Postal Service, and is the part that, if fully implemented, would allow the USPS to refuse to deliver mail-in ballots in states that don’t match their voter rolls to DHS’s own (likely deeply incomplete) list."
Does DHS normally keep a citizenship list? That feels a little.... concerning. It may not only be incomplete but highly selective.
And let's not even start on the idea of USPS overseeing anything but delivering the mail, particularly in rural areas. It's not hard to envision voter lawsuits, including in red states.
I'm no expert, but the federal government's Systematic Alien Verification for Entitlements (SAVE) service keeps information on non-citizens and they want states to use it along with other federal databases such as Social Security information to verify U.S. citizenship for voters. The SAVE Act (2) mentions this. As has often been mentioned, these services don't currently seem capable of allowing states to reliably verify citizenship.
The government has no ability to verify the citizenship of anyone without obtaining the same documents you use to get a passport.
If they did, you’d never need to show those documents to the Federal government. In Europe, they have that kind of centralized administration and, sure enough, even the IDs are for administrative convenience.
Remember, the Purcell principle is only in place when democrats are in charge like when Alabama had to draw another Dem seat and the court said was too late in like February 2022.
... and Purcell only applies to the courts. So, a lawless Administration can do whatever it wants to, right up to Election Day. The effect is the same, whoever makes the rules.
Exactly - as the old coin flip saying goes, "heads I win; tails you lose."
Also if you pass laws in Congress Clarence Thomas reserves the right to find some bullshit footnote to shoehorn a denial of this law.
thanks for the quick update/summary
How often have these justices voted to uphold voting rights? It seems they're doing all they can to favor team GOP.
I think it’s pretty obvious what they are doing-they are trumps personal law firm -
There is no Team GOP, only the tRUmpistas, as bad a bunch of traitors on American soil since Jefferson Davis, Robert E Lee, et al!
Remember Bush v. Gore? Shelby County v. Holder? The Court has been doing this well before Trump.
Seriously. When Roberts went on his sermon about judges being apolitical, I almost lost my lunch. There has been no more politicized court than his in living memory.
Agree. We,would be better off without the court
Thanks for the well done update!
My guess is there are so many involved with their ass hanging out if the midterms don't go in favor of the gop, hell will be knocking at their doors. Looking directly at scotus.
Regardless, the PO is ready to act on this. The SCOTUS could refuse to rule on the PO issue until AFTER the election, AFTER the damage is already done. There is NO GOOD THAT WILL COME OF THIS!
Thank you!!
I remember a time when it would have surprised me. But it’s growing dimmer, along with the light of our Democratic republic.
Sorry, but I’m totally freaking out. I don’t see how we will have a fair election.
Thank you. Still a bit nauseating, but thank you.
USPS- just sent cert reg return receipt, got nothing back. Talked to PO handling addressed mailed to and advised since Covid they just get too much and don't bother. No delivery and not the first time. Can't wait to see how they dump mail-in ballots. The fix has been in at SCOTUS for a long time. Time to bulldoze the bldg and take away security and let them eat their cooking as rest of Americans have to. It is just the pretense of the rule of law at this point.
Really appreciate your detailed explanation/analysis! I always count on your Substack to help me understand what’s going on with this Court!
Doesn't the final USPS rule say (in addition to alot of technical issues about the envelopes like bar codes) that each state's chief election official provides the official mail-in/absentee voter list and the USPS then will use this list to verify the mailings themselves? Aside from terrible timing, potential invasion of privacy, and infringement on states' rights, what is the risk the USPS actually will delay or block valid voters' ballots?
The risk is at 100%. The whole purpose of it is to grant them cover to do exactly that, spoiling the election even if the courts intervene. Everything in the second term is about attempting faits accompli.
Thank you!
Re: Seventh - If the SC uses "Purcell" to effectively say 'we can't interfere with an 11th hour election change because it's the 11th hour' it would truly be a lawless court's chef's kiss.
“And the fact that we let this get to the eleventh hour isn’t relevant!”
"Section 3 (the really troubling part) is directed toward the U.S. Postal Service, and is the part that, if fully implemented, would allow the USPS to refuse to deliver mail-in ballots in states that don’t match their voter rolls to DHS’s own (likely deeply incomplete) list."
Does DHS normally keep a citizenship list? That feels a little.... concerning. It may not only be incomplete but highly selective.
And let's not even start on the idea of USPS overseeing anything but delivering the mail, particularly in rural areas. It's not hard to envision voter lawsuits, including in red states.
I'm no expert, but the federal government's Systematic Alien Verification for Entitlements (SAVE) service keeps information on non-citizens and they want states to use it along with other federal databases such as Social Security information to verify U.S. citizenship for voters. The SAVE Act (2) mentions this. As has often been mentioned, these services don't currently seem capable of allowing states to reliably verify citizenship.
[1] https://en.wikipedia.org/wiki/Systematic_Alien_Verification_for_Entitlements#Voting_eligibility
[2] Safeguard American Voter Eligibility Act:
https://www.congress.gov/bill/119th-congress/house-bill/22/text
The government has no ability to verify the citizenship of anyone without obtaining the same documents you use to get a passport.
If they did, you’d never need to show those documents to the Federal government. In Europe, they have that kind of centralized administration and, sure enough, even the IDs are for administrative convenience.