Hawk
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Supreme Court Order on Mail-in ballots - Almost Every Outlet Got Today's SCOTUS Order Wrong
Posted
August 25, 2026
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August 25, 2026
7,018
776
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12.31%
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10:01Now PlayingSupreme Court Order on Mail-in ballots - Almost Every Outlet Got Today's SCOTUS Order Wrong
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More thoughts on today's shadow docket order, recorded late, because the coverage has not improved.
Two separate suits were filed in Massachusetts and the judge never consolidated them. Nationwide injunctions issued in both. The administration took an emergency appeal on one and left the other alone, which means that second injunction is still in force tonight and today's order does not touch it. Headlines saying the Court cleared the way are describing something that did not happen.
There is also a compliance problem. The government appears to have acted against that second injunction over a Postal Service rule, and has until 8 a.m. to explain itself.
The larger lesson is about how the Court chooses what to answer. It framed a narrow question: may a president instruct agencies inside his own branch. Yes. It expressly declined to say whether these particular instructions are lawful, whether a president has any role in elections, or whether the Postal Service can withhold ballots from noncompliant states.
Article II grants the president no election power. That question is still open, and there is not time to implement any of this before November.
#SupremeCourt #ShadowDocket #MailInVoting #ExecutiveOrder #ArticleII #Injunction #Certiorari #Massachusetts #PostalService #DHS #DOJ #ElectionLaw #Midterms2026 #Contempt #MediaCriticism #LegalAnalysis #VotingRights #Federalism #Politics #Hawk
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