Wednesday, September 16, 2026

The Sky Is Falling, Dept.

Appearances can be deceiving:
"In his brief concurrence, Kavanaugh wrote, 'there is at least a fair prospect that the final rule falls within the Postal Service’s statutory authority,'” Biskupic wrote, "appearing to provide another possible vote in favor of Trump’s efforts."
"Statutory authority” which Congress can easily modify.
To support her thesis, Biskupic cited comments from Donald Verrilli, a former U.S. solicitor general in the Obama administration, during a recent Georgetown Law panel discussion.

"As the rest of this electoral cycle unfolds, and into 2028, I think there's going to be a lot of turbulence around these issues," Verrilli reportedly said.

Biskupic believes Kavanaugh hinted the rule wasn't necessarily doomed on the merits and a revised version could survive a future challenge, potentially in time for the next presidential election.
In which case the re-match might be 6-3? Or 5-4, if Kavanaugh can persuade Gorsuch?

I think it more likely Congress amends the statute to keep USPS out of the mail-in ballot approval game, and forces it to stick to approving envelopes generally, and not specifically. Should be a fairly easy fix.

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