Discussion
RE: https://mastodon.social/@heidilifeldman/117270402839653485
As my question to Matt indicates, the Roberts Court is increasingly in a pickle. Every lower court that has ruled on the USPS Rule has now resoundingly decided it is likely unlawful and issued or upheld prelim injunctions against its implementation. 1/ #Lawfedi
I feel NO sympathy for any member of the Roberts Court trying to weasel his or her way out of standing up against Trump’s fascist effort to take over vote-from-home.
My guess is that some or all of the Roberts Six are trying to figure out how to write an opinion that leaves open the possibility to uphold a similar Trump effort for 2028. 3/3
I think that your guess is a very shrewd one.
@heidilifeldman I think the easiest way out for them is to decide this narrowly on the grounds that some ballots have already been delivered, and so it is too late to change the rules for this election. That keeps all the core issues open.
Install bonfire.cafe
Get the full app experience
There are certainly some members of the Roberts Court who nevertheless would definitely be willing to stay these injunctions. There are also those who would definitely be willing to uphold them.
The pressure is on any in the middle. Do they explicitly side against Trump? Or do they just let the lower court decisions stand without affirming them? Or can they be convinced by the members who would issue the stays? 2/