Today, federal District Court Judge Indira Talwani issued a 14 day emergency stay on USPS preparing to implement or implementing its now final rule attempting to control how states mail out ballots to vote-from-home voters. https://storage.courtlistener.com/recap/gov.uscourts.mad.298449/gov.uscourts.mad.298449.218.0_1.pdf 1/ #LawFedi
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The Roberts Six used the shadow docket to quash an earlier injunction Talwani ordered to prohibit USPS from acting on Trump’s EO to federalize vote-from-home (a more accurate term than mail-in voting or absentee voting). The Six argued that plaintiff states’ challenge was not yet ripe when Talwani issued that injunction, bc the USPS had not issued a final rule. 2/
That argument from the Six was mighty disingenuous, since everybody knew USPS had already circulated a draft of the final rule, which it promulgated before the Six said nobody knew whether USPS would publish a final rule. In any event, USPS published on Wednesday, 8/26. Plaintiff states and plaintiff civic organizations immediately filed motions for emergency stays in Talwani’s court, accompanied by motions for swift consideration of a fuller injunction. 3/
Today, Talwani granted the motion for the emergency stay and set an expedited briefing schedule on the motions for a longer term injunction. 4/
Talwani used the Roberts Six ‘s own words to explain that the case is now ripe for judicial action. 5/
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