१५ सप्टेंबर, २०२६
"If the question of the Postal Service’s power were before us in something other than the context of an ultra vires claim..."
".... the Government’s argument would present a difficult question. But here the question is different. In order to assert an ultra vires claim, the plaintiffs must show that the challenged regulation of envelopes here is 'entirely "in excess"' of the power to govern collecting, handling, transporting, delivering, forwarding, and returning of mail. The same is true of the
requirement to pass along information about each recipient of ballot mail. At the very least, the Postal Service did not act '"contrary to a specific prohibition"' in enacting the rule... [T]he plaintiff States’ statutory claim is based on a
contestable reading of a broadly drawn statute empowering the Postal Service to regulate the mail."Writes Justice Alito, dissenting, joined by Justice Thomas, in United States Postal Service v. California.
पोस्ट्स
६० टिप्पण्या:
Alito and Thomas are right, the rest are wrong. The four women demonstrate (again) why women should have no place in the profession of law.
Big Mike, let’s not forget about the federal judge that rules three times against the government until SCOTUS decided to yield.
Timing is tricky. Too early and Trump gives the DNC-Protest Industry time to gin up “grassroots” agitation against the EO. Too late and we risk the lawsuits delaying implementation until after the election.
But the ruling has a silver lining in that the conservative justices have excellent reasoning to assemble enough votes when SCOTUS hears this case. The rules are well within USPS statutory powers.
So if AAG Dhillon succeeds in dampening the cheat with diligent election integrity enforcement and the GOP majority survives then Katie bar the door!
I used Justice Kavanaugh’s “Hail Mary” quote in a state case against one of Nebraska’s biggest law firms.
Yeah they basically neutered themselves if the progs win they pack the court sayonara republic
1. Clicking through, the NYT used the “without evidence” trope about mail in ballots. No evidence of cheating via mail in voting? What planet does the NYT live on?
2. “That has been a pattern on the court since Mr. Trump returned to office, with Justices Alito and Thomas as the most reliable votes on the court for the Trump administration’s agenda.”
NYT laying the groundwork to pack the Supreme Court with Dem hack politicians like KBJ.
Two justices read the law the others mime
So, since this could be the last time ever, the level of mail-in ballot fraud will be epic this year.
…the thumb on the electoral scale in favor of the Democrats is heavier today. Hopefully it isn’t enough for their coup…
…nobody is allowed to look at public voting records, either. Whistleblower! Illegal! It would be embarrassing if they weren’t so desperate…
…explain to the layman how the dissent isn’t firmly justified by precedent/stare decisis. That’s a big long bibliography. Ibid, your honor…
…it reeks of CNN-syle ‘it’s probably illegal to look’ doctrine…
mail in voting needs to be scrapped.
We need to get back to voting in person.
Fraud - the left need it.
Trump is lucky they're not letting him do this. He can complain about how they stopped him and how much fraud must be happening instead of needing to put his notions into operation.
Blue sates refuse to clean up their voter rolls.
Bleu states allow illegals to vote.
“Trump is lucky they're not letting him do this.“
Quite the cynical take on this episode. We have elections that the left refuses to secure, riding the COVID wave of mail-in balloting long after the virus fear has left the building. The rest of us aren’t feeling so good about this ruling.
"Trump is lucky they're not letting him do this."
Could you elaborate, Professor?
It seems sort of cowardly to let things get to this point, and not explain your reasoning. The three lefties at least have gone on record as arguing that Trump's order would create "chaos" (bogus as that argument is). Roberts, ACB, Gorsuch and Kavanaugh have just ducked things.
Alito and Thomas treat this as a question of USPS’s broad authority over mail, but that authority does not automatically permit the executive branch to impose rules affecting state election administration. The states are challenging whether postal powers extend to election-related requirements not USPS’s ability to process mail generally. Without clear congressional authorization, a broad postal statute should not become a blank check for federal control over state elections. The dispute is therefore about the limits of executive power, not merely envelopes.
Democrats should never win an election ever again - because of this.
Democrats = HARM.
Alito seems to think a Hail Mary is hopeless, but Hail Mary passes are caught, about 10% of the time in the NFL. That’s better than the 0% chance if the team doesn’t run a Hail Mary play.
Alito’s Hail Mary legal argument is like relying on the expression possession is nine-tenths of the law. There is another tenth.
In fact, the August 24 ruling allowing the regulations to be issued hinted at yesterday’s outcome, at least as to standing: “If the Postal Service’s final rule harms the States, they may challenge that rule.”
Trump’s recent “cheat like hell” comment likely factored into the Court’s decision. There are still two or three Republican Justices who don’t want to be made to look like chumps, as they were in the immunity ruling.
"He can complain about how they stopped him and how much fraud must be happening instead of needing to put his notions into operation."
He already "put his notions into operation." It's in place and can go on a moment's notice. When it gets implemented the public will see how simple, straightforward and reasonable it is, and will wonder why (other than fraud) anyone would oppose it.
You are buying the "chaos" argument, which is a smokescreen.
“If the question of the Postal Service’s power were before us in something other than the context of an ultra vires claim, the Government’s argument would present a difficult question.”
That’s quite the admission of the legal weakness of Trump’s attempted power grab.
Alito points out the corruption of leftist time-stall activist courts.
Democrats lie, cheat and harm.
Scam and waste our money with pocket stuffing tax payer theft.
Isn't it funny how the most advanced country on earth can't do what lesser countries, some of them with much higher populations and much less infrastructure, seem to do with relative ease and security, in a peaceful, trustworthy, and efficient manner?
Tracking ballots by mail in a traceable, chain-of-custody way, like FedEx: 'Impossible ! Madness ! We could never do this in time for elections, 2 months away !'
Changing political district maps after the primary election is finished and candidates are running their race for election: 'Here's a NEW map ! We changed out mind in the middle of the process and it will be totally OK !' We've honored our solemn responsibility to the electorate !'
God forbid that a U.S. Supreme Court justice with lifetime tenure, enormous power and essential immunity from consequences might look like a chump. Better to duck and cover.
"He can complain about how they stopped him and how much fraud must be happening instead of needing to put his notions into operation."
So, he can lie with impunity? What would his excuse be if these rules went into effect, and he still loses the house and senate?
Quite a dissent. “You guys created this delay, now you say the timeline is too short.”
As usual, Indefinitely Extended Ignorance mis-states the true nature of the issue in question. While the states do in fact administer elections in their states, these are not simply "state elections" (i.e., Governor and other state officers or state legislators). The elections in question involve The U.S. Congress (Senate and House) in the mid-terms and U.S., President/Vice President every 4 years. in such elections, therefore, there is a compelling national/federal interest to insure common rules and procedures across all states, regardless of what states may choose to do in strictly local/state elections. And the U.S. Postal Service is a federal service, so the President as the Chief Executive should have the authority to direct how its services are used in elections involving national, and not simply state or local, office.
"So, he can lie with impunity? What would his excuse be if these rules went into effect, and he still loses the house and senate?"
Well then everyone would know that the election result was on the up and up. (At least the mail-in part).
Why is that so frightening to you, Freder? What, pray tell, is the downside?
Planetgeo--correct. Not to mention the federal authority to prevent the U.S. Mail from being used to carry out fraud of any sort.
There is unquestionably a federal interest in federal elections. But federal interest is not presidential authority.
The Constitution assigns election administration primarily to the states, subject to Congress’s power under the Elections Clause to alter their rules. Nothing in that framework gives the President general authority to create election procedures merely because federal offices are on the ballot.
USPS’s federal status does not change that. The question is whether Congress authorized USPS and, by extension, the executive branch to impose these particular election-related requirements. General authority over postal operations is not automatically authority to rewrite how states conduct federal elections.
If nationwide election rules are needed, Congress can enact them. What is unclear is any comparable authority allowing the President to create them indirectly through USPS.
Reality check time:
States have NO right to use the US mail to send and receive ballots
The President of the US have EVERY right and power to order the Postal Service to make regulations WRT what mail can be sent
Because teh Postal Service is part of the Executive Branch, and the President is granted all executive power by the US Constitution.
If States don't like Trump's regs, they can use UPS or FedEx. This ruling, like most other recent SCOTUS election rulings, is complete bullshit
Use the commerce clause to regulate the production and sale of votes.
How in the wide wide world of sports did we get the USPS involved in our voting system? Consider: 1) They can barely deliver the regular mail (or what's left of it) and 2) the USPS postal worker's union ALWAYS ENDORSES ONE OF THE TWO PARTIES!
@GTCT: The USPS is not a cabinet agency the President can control at will. Congress created it as an independent establishment, gave its Board of Governors authority to direct and control it, and made the Postmaster General accountable to that Board. USPS also has authority to adopt its own regulations.
And “use UPS or FedEx” is not a constitutional argument. Congress established USPS as the nation’s universal mail system; the question is whether the administration is acting within its delegated authority, not whether states can find a private substitute.
Apparently, “executive branch” now means “the President can do whatever he wants.” The Constitution and U.S. Code disagree.
"Trump is lucky they're not letting him do this. He can complain about how they stopped him and how much fraud must be happening instead of needing to put his notions into operation."
This being to Trump's advantage presumes there actually isn't significant fraud; something we have no way of knowing:
400,000 California Voters Didn't Provide Any ID at Registration
Why is every measure to make elections more secure and non-corruptible oppsed by democrats?
Trump has been clear about this election, Republicans should be in charge of Democrat areas. It's not who votes, it's who counts the votes. The only ones he'll chase away from voting will be disheartened Republicans.The interesting part will be to see how he tries to cheat after the election.
That's a rhetorical question, right Joe Bar?
Joe Bar said..."Why is every measure to make elections more secure and non-corruptible oppsed by democrats?"
That's the question that cuts through all the bullshit.
NYT claims Alito and Thomas are reliable votes for Trump’s agenda. I doubt they would see it that way. They are certainly consistent votes in favor of the Constitution and the power of the executive branch prescribed therein.
…mail fraud is still a crime. It was tradition in the 20th century during bad guy raids run by government alphabet agencies that the ‘Postal Inspector’ jacket was first through the door…
While I think the new regs have a good chance of being approved for 2028 by this same court, it was clear a couple of weeks ago that SCOTUS would stop it for the midterms.
With that out of the way- the blue jurisdictions are very likely to evade the regulations in 2028 by only delivering mail ballots via 3rd parties like Fedex, UPS, or just party hack NGOs.
When I was young, people would request mail in ballots if they were going on vacation or in the hospital or something else like that. On election night, the majority of mail in ballots results were always displayed quickly. (Often right when the polls closed.) And California usually got enough votes counted that all the results were known by the next morning. Now California sends every registered voter a mail in ballot and it takes weeks to get a lot of the results of the elections. In this last election, California was still counting ballots a month after election day.
"In this last election, California was still counting ballots a month after election day."
And bragging about it.
Slightly related:
Daughter sent a package to a friend in neighboring state on July 11. Was returned for insufficient postage because the label the USPS put on it fell off.
Resent 8/1. It has bounced back and forth betwixt Indianapolis, Louisville and Columbus. It is now in Louisville again 45 days later.
I gave my contact info to the USPS and haven't heard a thing. We have tracking plus on it so yes we can see it dance between the cities.
I told my daughter next time, just go to UPS or FedEx. Pay a little more, but the damn thing will get there.
IEE: "Trump has been clear about this election, Republicans should be in charge of Democrat areas. It's not who votes, it's who counts the votes. The only ones he'll chase away from voting will be disheartened Republicans.The interesting part will be to see how he tries to cheat after the election."
This is pretty incoherent, even for you. The states, Democrat or Republican, count the votes.
I'm still waiting for one Democrat/person opposed to the election mail order to state specifically and plainly what the concern is. *
*Yes, I know the stated concern of the Dems is that the federal government's list of actual U.S. Citizens is going to be different from those of the states. Also "chaos." I'm not sure how that works, but assuming for purposes of argument that it is a legitimate concern, unless there are an awful lot of non-US citizens and/or dead people voting (hint, hint) it should be a very minimal discrepancy which can be remedied with provisional ballots which can be adjudicated if necessary.
"With that out of the way- the blue jurisdictions are very likely to evade the regulations in 2028 by only delivering mail ballots via 3rd parties like Fedex, UPS, or just party hack NGOs."
I would trust Fedex or UPS far more than I would trust the USPS. Also Amazon if they were so inclined. The corrupt states would rely on party hack NGO's. The obvious implications will of course be waved away by our betters.
Blue states are vying for the title of The Worst Laboratory of Innovation by creating election systems that are not secure, inefficient, unable to be audited, and ripe for fraud. Truth and honesty are not goals.
Congress should revise election law to negatively incentivize election processes that invite fraud, can not be counted within two days of the vote (ballots recd and counted), and are not auditable within a two week timeframe. AI can be deployed to construct election systems that pass. A percentage of Federal funds to be withheld for failure. Mail-in would become extinct.
Why are Democrats opposed to election systems that are secure, efficient, able to be audited, and fraudproof?
It's a mystery, is it not?
Let me see? who is the guy that votes by mail is a convicted perp on fraud charges falsifying business records. a fraudulent University etc 34 count fraudster, So who would be more likely to commit fraud beside this guy. There is a lot of DTR up in here as this fellow initiates DERANGED TRUMP SYNDROME among his flock. His 1st major attempt of creating chaos with the mail shot down by his own judges as he now defames them with "well they ain't the same people I hired(didn't do what they were told?) Just the beginning ,guaranteed the FRAUD story again as the BLUES send him back to his room in November where he says all he'll do is block everything? BLOCK WHAT they don't do anything. LOSER OF 2 WARS owns record diesel fuel prices, higher groceries, record debt and he is mad because they wont let his name go back on another institution he burned up. WAR MONGERING indivdual is so far over his head and his soldiers up in here keep making excuses for him SLEEPY DON diaper wearing 80 year old senile man is a site to see.. NO MORE OLD PEOPLE IN CHARGE age limits please, Watched the 83 year old guy this morning in Patel hearing another example of OLD SENILE PEOPLE ... STOP
…Anyone who still has a reputable reputation want to put thwt reputation on the line and say the Democrats win this one on the merits?
…didn’t think so…
What would his excuse be if these rules went into effect, and he still loses the house and senate?
Why are you so afraid of finding out?
DD45
So you don't want an honest election?
@IEE
Apparently, “executive branch” now means “the President can do whatever he wants.” The Constitution and U.S. Code disagree.
Article II
Section 1
The executive Power shall be vested in a President of the United States of America.
"The executive Power", that means 100% of it
"shall be vested in a President" that means this current President, for so long as he holds office.
There's no 4th branch. Either you work directly for the court system, you work directly for Congress 9aides, etc) or you work for the President, he's your boss, and you damn well do what he says so long as his orders don't violate the law.
"But that gives too much power to one man!"
Exgreed. So cut the power of the Federal gov't.
If your'e not willing to do that? Then Trump gets to use that power however he damn well wants.
Because that's what the written US Constitution says.
Got a law passed by Congress that says that "States must be allowed to send out whatever they want via the USPS"? No?
Then the USPS gets to make regulations about it, and Trump as the head of the Executive Branch gets to tell them what regulations to make.
Let's be clear here: The Federal gov't has EVERY right to insist that the USPS not be made party to vote fraud, esp in Federal elections.
Which means it has the right to verify that every single ballot it carries is going to a valid US Citizen voter.
If the people running the State are such big fans of vote fraud that they refuse to make sure all votes are valid, that may be their choice.
But the USPS has every right to refuse to be an accessory to that crime, and vote fraud IS a crime.
That Democrats are obsessed with making vote fraud easier tells everyone with a functioning brain a lot about how Democrats "win" elections
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