1st Circuit Blocks USPS Mail-In Voting Rule; Trump Admin Appeals to SCOTUS

• The 1st Circuit Court of Appeals blocked a new USPS rule that would tighten mail-in voting requirements, citing potential disenfranchisement of millions of voters.
• The Trump administration immediately appealed the 1st Circuit's decision to the Supreme Court, which will now decide the rule's fate.
• The Supreme Court also blocked Missouri's new congressional map favoring Republicans and denied a stay of execution for Daniel Conahan Jr.
• The 4th Circuit Court of Appeals rejected an ICE policy of mandatory detention without bond for non-citizens, marking the agency's ninth consecutive loss on the issue.
• A recent Economist/YouGov survey indicates 31% approval for the Supreme Court's job performance, with a notable partisan gap.

The 1st Circuit affirmed a lower court's finding, stating it found no error in the district court's conclusion that permitting the rule to take effect would likely lead to the disenfranchisement of millions of voters nationwide.

A federal appeals court has intervened to prevent the Trump administration from implementing a new U.S. Postal Service (USPS) rule that would have tightened mail-in voting requirements ahead of the upcoming November congressional elections. On Thursday, the U.S. Court of Appeals for the 1st Circuit declined to allow the administration to put the controversial rule into effect, citing concerns over its potential impact on voters.

The 1st Circuit affirmed a lower court's finding, stating it found no error in the district court's conclusion that permitting the rule to take effect would likely lead to the disenfranchisement of millions of voters nationwide. The court also noted that the rule offered minimal, if any, benefits in combating voter fraud, thereby questioning its necessity and effectiveness. This decision marks a significant setback for the administration's efforts to alter election procedures through the USPS.

Despite the 1st Circuit's ruling, the ultimate fate of the USPS mail-in voting rule will now rest with the Supreme Court. The administration bypassed the 1st Circuit's full decision-making process, opting instead to immediately ask the high court to lift the district court's injunction that initially blocked the rule's implementation. This move indicates the administration's urgency in seeking a final resolution on the matter before the elections.

The administration is engaged in several other legal challenges related to election integrity and voting processes. On Sunday, the Trump administration appealed to the Supreme Court for the second time in a dispute concerning President Donald Trump’s executive order on mail-in voting. Responses to this request were filed by states and civic groups challenging the order's implementation on Wednesday, and the case is now fully briefed, with a Supreme Court decision possible at any moment.

In a separate but related effort, the Trump administration has also petitioned the Supreme Court to authorize the use of the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database. The administration seeks to utilize this database to identify non-citizens on state voter rolls. A response to this particular request is due by 4 p.m. EDT next Tuesday, adding another layer to the ongoing legal scrutiny of election procedures.

Thursday was a busy day for the nation's highest court and other federal appeals courts, with several other notable decisions. The Supreme Court granted a request to prevent Missouri from implementing a new congressional map that favors Republicans in the November elections. Additionally, the Court denied a request for a stay of execution from Daniel Conahan Jr., who had been sentenced to death for the 1996 murder of Richard Allen Montgomery. Conahan was subsequently executed in Florida hours later.

In another significant ruling, the U.S. Court of Appeals for the 4th Circuit rejected an effort by U.S. Immigration and Customs Enforcement (ICE) to detain millions of individuals without bond. The court drew a stark comparison, likening ICE's policy to the "historical stain" of Japanese internment during World War II. This decision marks the ninth consecutive loss for ICE in federal appeals courts regarding its policy of subjecting non-citizens residing within the country's interior to mandatory detention while their immigration proceedings are underway. All nine appellate courts have concurred that the Trump administration's approach misinterprets the 1996 immigration reform law, which established current deportation and detention policies, and the Supreme Court is widely expected to address this issue in its upcoming term.

Earlier in the week, on Tuesday, the Trump administration filed a petition for review concerning the process it has utilized to appoint acting U.S. attorneys, indicating ongoing legal challenges to its executive appointments.

Recent public sentiment reflects a mixed view of the Supreme Court's performance. A survey conducted by Economist/YouGov revealed that approximately one-third (31%) of Americans either strongly or somewhat approve of how the U.S. Supreme Court is handling its responsibilities, while a larger segment, 53%, express disapproval. The survey also highlighted a significant partisan divide, with 63% of Republicans approving of the Court's job performance compared to only 12% of Democrats. Furthermore, few Americans (11%) believe the Supreme Court is biased against President Trump, though 40% perceive it as biased overall.

In other news, today marks the 25th anniversary of 9/11. Justice Brett Kavanaugh, who served as a White House attorney in 2001 and has described 9/11 as "the most memorable, searing, important day" of his life, is scheduled to speak at a Notre Dame event commemorating the anniversary, which begins at 3:30 p.m. EDT and will be livestreamed on YouTube. Separately, Catholic University Law School plans an event on September 18 focusing on the state of the Supreme Court and key issues for the upcoming term, featuring speakers such as Amy Howe and Sarah Isgur.

Source: Original reporting via Reuters and Politico