#court-defeat

2 entries with this tag

Constitutional Violations

A Federal Judge Blocked Trump's Mail-Ballot Scheme Outright — Ruling the Postal Service Rule Likely Unconstitutional Because Only States and Congress Can Set Election Rules, and Finding That Its Rushed Timeline Would Make Voter Disenfranchisement "Practically Inevitable" Before the Midterms — a Real Defeat, Even as His Administration Had Already Raced to the Supreme Court the Day Before to Override Her

On September 4, 2026, U.S. District Judge Indira Talwani issued a preliminary injunction blocking the U.S. Postal Service from implementing the mail-ballot rule at the heart of Trump's executive order to restrict voting by mail — a durable block that replaces the temporary one she had issued on August 27. Her findings were sharp: the rule is likely unlawful and unconstitutional because it usurps the states' authority to run their own elections (a power the Constitution gives to states and Congress, not the president), and its rushed timeline would make voter disenfranchisement "practically inevitable" before the November midterms, leaving states an "impossible" schedule to comply. The rule she blocked would have forced state and local election officials to submit their ballot envelopes for USPS "design review," add unique tracking barcodes, and upload voters' names, addresses, and barcode data to a new federal portal — and barred the Postal Service from sending ballots to eligible voters until it approved all of that, regardless of looming deadlines. This is a genuine defeat for Trump, and a detailed judicial repudiation of the scheme. But it may be fragile: the administration had already gone to the Supreme Court the day before asking the justices to override her, and it is expected to appeal. The ruling is documented here because of what it establishes on the record — that a court, examining the actual mechanics, found Trump's mail-voting plan both likely illegal and a near-certain engine of disenfranchisement.

Constitutional Violations

On the Same Day Trump Held a Housing Bill Hostage for a Voter-ID Law, a Judge Permanently Struck Down His Voter-ID Executive Order — Ruling He Has No Power Over Elections At All

On June 24, 2026 — the same day Trump canceled the signing of a bipartisan housing bill to pressure Congress into passing his SAVE America Act voter-ID law — U.S. District Judge Denise Casper in Boston permanently struck down most of his elections executive order, including its requirement that Americans show documentary proof of citizenship to register to vote. In a 59-page ruling converting her year-old preliminary injunction into a permanent one, Casper held that the Constitution "does not grant the President any specific powers over elections," that authority belongs to the states and Congress, and that the order violated separation of powers. She also found the Justice Department "failed to demonstrate the alleged fraud" used to justify the order, and that the policy "would have disenfranchised thousands." The case was brought by 19 states. It is the latest in a string of defeats: three separate federal judges have now blocked the 2025 order. The ruling lays bare the futility loop Trump is in — courts say he can't do it by executive order, so he's trying to do it by legislation (the SAVE Act), which can't get 60 votes in the Senate, which is why he's now holding popular bills hostage to force it through. Noncitizen voting is already a felony and is vanishingly rare; the federal registration form already requires attesting to citizenship under penalty of prison or deportation.