Trump Gets DETRIMENTAL NEWS from SCOTUS at the WORST TIME...
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Trump Gets DETRIMENTAL NEWS from SCOTUS at the WORST TIME...
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Attorneys Brian Kabateck and Shant Karnikian cover the Supreme Court's 7-2 rejection of the Trump administration's emergency request to revive its USPS mail ballot rule for the midterms, with Justice Kavanaugh, a Trump appointee, siding with the majority. Brian breaks down Kavanaugh's concurrence, which concedes the Postal Service might ultimately have statutory authority to police ballot mail but concludes implementing the rule now would be "arbitrary and capricious" given how little time election officials have left before November, since North Carolina and Alabama have already started mailing ballots. Shant contrasts that with Justice Alito's dissent, joined only by Justice Thomas, which dismisses the challengers' practical concerns and calls their case a "Hail Mary pass" that "rarely succeeds," even as Alito concedes the government's own delays contributed to the late timing. Brian and Shant debate who this ruling actually protects, noting Trump himself votes by mail from Florida, and argue the entire campaign functions less as a serious attempt to change how ballots are processed and more as political theater meant to lay groundwork for contesting results he doesn't like after the election. Shant's bottom line: this is the third straight loss for the administration's mail ballot rule in as many weeks, but Kavanaugh's language leaves the door open for the same fight to return in 2028.
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