Tuesday, August 11, 2026

Hornbook Constitutional Law

If I was going to reduce the likely response of the courts to any attempt by Trump to declare a “national emergency” and suspend the midterms/negate the outcome, it would be this paragraph:

“Where the EO is presently causing confusion and threatening both increasing chaos and an erosion of trust in our democracy,” Talwani wrote, “the court finds that enfranchisement heavily outweighs the executive’s attempt to unconstitutionally insert itself into the domain of election regulation.”
Because the court also found that:
“The executive branch has no authority to regulate elections."
Hornbook constitutional law. And in an echo of the 60+ cases Trump lost in 2020:
The court also found no evidence in the record supporting the purported election-integrity justification for the changes.

“The record is devoid of any evidentiary support of illegal or fraudulent absentee voting,” Talwani wrote. The ruling separately noted that the record contained no evidence suggesting that mail-in voting had resulted in voting by noncitizens.
Three strikes, you’re out. No authority; no grounds; no evidence. Once again, Trump can’t even get in the courthouse door.

I’ll wager Trump has as much evidence to assert a national emergency around the midterms as he does to enforce this EO.

Which has just been rendered unenforceable; in no small part for an absolute lack of evidence to support it.
"Alarming” is par for the course, now. “Effective” would be news. And this is your regular reminder that even the Sinister Six declined to give credence to Trump’s insane 2020 efforts by even allowing briefing on the question. Any question. “Effective” has never even been in the cards.
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