The American Democracy Minute Radio News Report & Podcast for Sept. 17, 2026
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September 16, 2026 12:13 pmWASHINGTON, DC — The U.S. Supreme Court’s decision to temporarily block U.S. Postal Service rules governing mail-in voting for the midterms cited the government’s weak case, and the lack of time to implement the rules. It didn’t address its constitutionality. What do the concurrence and dissents tell us about what’s next?
Justice Kavanaugh wrote, “In my view, based on the briefing the Court has received at this interim stage, there is at least a fair prospect that the final rule falls within the Postal Service’s statutory authority,” UNQUOTE. But he concurred with the majority because election officials didn’t have time to comply.
Kavanaugh’s opinion is at odds with many election law scholars, who cite the U.S. Constitution’s Elections Clause granting states and Congress regulation of elections, not the executive branch or the U.S. Postal Service.
In his dissent, Justice Alito, joined by Justice Thomas, argued the government would have prevailed had the merits been heard. QUOTE, “The Postal Service has broad authority to regulate the mail. It holds the ‘general powers’ to ‘adopt,
amend, and repeal such rules and regulations ….’, UNQUOTE. And he argues that pro-voter groups and the 23 states lacked standing to even bring the case.
Alito’s dissent may be a roadmap for the Trump administration to push the USPS mail-in ballot rules to the high court again before the 2028 election.
We have a link to the decision and more at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources
The White House – ENSURING CITIZENSHIP VERIFICATION AND INTEGRITY IN FEDERAL ELECTIONS
U.S. Postal Service – USPS Final Rule on Ballot Mail for Federal Elections
U.S. Supreme Court – UNITED STATES POSTAL SERVICE, ET AL. v. CALIFORNIA, ET AL. ON APPLICATION FOR STAY
U.S. Supreme Court – USPS v. California Docket
SCOTUSBlog – Supreme Court denies Trump administration’s request to implement parts of rule on mail-in voting
Related ADM Reports:
American Democracy Minute – U.S. Supreme Court Upholds Block on Trump’s USPS Mail-In Ballot Rules for the Midterms, But Three Justices Leave Door Open for Future Litigation
American Democracy Minute – Trump Executive Order on Mail-In Voting Spurs 5 Lawsuits from States, Pro-Democracy Groups, Civil Rights Groups and the Democratic Party
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – How to Register And Vote in Your State
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