From New York Post · · 1m 20s
Kavanaugh Supports Mail Ballot Rules for 2028
Kavanaugh says USPS has legal authority for mail ballot rules, giving hope for 2028 elections.
In brief
Kavanaugh says USPS has legal authority for mail ballot rules, giving hope for 2028 elections. Kavanaugh's concurrence suggests USPS may implement Trump's mail ballot rules by 2028 despite blocking them for 2026 midterms. Originally reported by New York Post.
Kavanaugh's Legal Opinion
Brett Kavanaugh wrote in his concurring opinion that the USPS likely has statutory authority for mail ballot rules.
“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”
2026 Midterm Blockade
The rule is blocked for the 2026 midterms after ballots have already been sent.
“The decision leaves the rule blocked for the 2026 midterms after ballots have already been sent.”
2028 Election Hope
Kavanaugh says the rule could be implemented by 2028 elections through additional litigation.
“I think that as a practical matter, the rule is not going to be implemented in time for the midterms. I think that’s a done deal at this point. But I do hold out hope that there will be some additional litigation over this that could allow this rule to be implementing ahead of the 2028 presidential election”
Rule Requirements
The rule requires federal ballot mail envelopes to have election logos, be scannable, and carry unique barcodes.
“The Postal Service rule requires federal ballot-mail envelopes to include an election-mail logo, be scannable by high-speed processing equipment, and carry a specialized barcode unique to each voter”
Legal Challenge
24 Democratic state attorneys general sued the Trump administration over constitutional concerns.
“A coalition of 24 Democratic state attorneys general sued the Trump administration, alleging the rule violates the Constitution’s Elections Clause”
Alito's Dissent
Justice Alito and Thomas argued the government made necessary showing for a stay and questioned plaintiff standing.
“Alito, joined by Justice Clarence Thomas, dissented, arguing that the government had made the necessary showing for a stay”
Timing Challenges
Earlier litigation and injunctions delayed the rule's implementation for 2026 elections.
“Iowa Solicitor General Eric Wessan also pointed to timing as a major factor, noting that earlier litigation and an injunction in Massachusetts delayed the Postal Service’s ability to publish the final rule”
Court's Unexplained Decision
The Supreme Court denied the emergency request without explaining the reasoning.
“Abhishek Kambil said the lack of a fuller explanation from the court’s majority stood out to him”
2028 Implementation Possible
The rule may be in effect for the 2028 presidential election after further litigation.
“Wessan said that he expects the rule to remain sidelined this year while leaving open the possibility of a different outcome later”
Democratic States' Challenge
Democratic states may struggle to explain non-compliance with mail ballot rules by 2027.
“So they’re going to have a difficult time and a steeper hill to climb if they’re trying to explain in 2027, for instance, why they can’t possibly comply with basic rules like this over a two-year time frame”
Here's the gist
Kavanaugh's concurrence suggests USPS may implement Trump's mail ballot rules by 2028 despite blocking them for 2026 midterms.
