The Trump administration on Sunday Appealed for the third time before the U.S. Supreme Court, urging the justices to approve the president’s plan for mail-in ballots under the United States Postal Service (USPS). “Ballot slips for federal elections” Rule.
In the emergency motion, Attorney General D. John Sauer asked the justices to allow the USPS not to send mail-in ballots to residents of states that have not provided a list of eligible voters based on citizenship data, pending the outcome of the government’s appeal to the U.S. Court of Appeals for the First Circuit and possible proceedings before the Supreme Court.
In the urgent application, Sauer argued that the administration would probably be successful in both cases. He wrote that the USPS “state election officials…will maintain full control over who may vote by U.S. mail in federal elections in their state. (The new rule) is a valid exercise (of USPS authority…and merely establishes reasonable preparation requirements for certain election-related mail.” The request was also withdrawn petition filed on Thursday.
The request is the latest development in a series of cases in response to President Trump’s request Executive Order 14399“Ensuring Citizenship and Integrity Verification in Federal Elections,” issued March 31. Part of the order directs the Department of Homeland Security, in coordination with the Social Security Administration, to compile state lists of individuals who have been verified as U.S. citizens, are at least 18 years old, and are residing in the state. Another part directs USPS to establish requirements for envelopes, including agency approval and unique Intelligent Mail barcodes. USPS then issued its new rule, which went into effect on August 21 and was published in the Federal Register on August 26.
The League of Women Voters and a coalition of states led by California challenged the legality of the executive order and regulation in individual cases. Last Thursday the administration asked The Supreme Court is scheduled to stay until August 27th preliminary injunction (TRO) issued by the United States District Court for the District of Massachusetts.
The next day, U.S. District Judge Indira Talwani replaced the preliminary injunction with a interim injunction This prohibits USPS from enforcing several provisions of the rule. She wrote: “Throughout the Elections Act, Congress has never delegated its Elections Clause powers to the USPS…the final rule conflicts with Congress’ statutory scheme and is unconstitutional if it interferes not only with Congress’s Elections Clause powers but also with the powers ceded to the States.”
The states then challenge the rule informed The Supreme Court said the injunction and dissolution of the TRO rendered the government’s request moot.
