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Supreme Court rejects Trump mail ballot restrictions ahead of midterms
Legal Marketing | 2026/09/15 11:12

The Supreme Court on Monday rejected President Donald Trump's bid to restrict mail ballots for the midterm elections, capping a flurry of last-minute legal action with voting already underway.

The decision allows states to continue sending out mail ballots under the same processes they've used for years and have accounted for nearly a third of votes cast.

It represented a stark defeat for Trump on an issue he consistently has emphasized as vital to ensuring election integrity even though there is virtually no evidence of fraud with mail ballots.

The Supreme Court majority wrote that the administration's push to implement the restrictions this year is likely to lose in court, though the brief emergency order didn't detail its reasoning. Two justices, Samuel Alito and Clarence Thomas, publicly dissented.

The Trump administration had asked the justices, once again at the center of a roiling political controversy, to clear the way for restrictions before the pivotal November contests for control of Congress.

Alito wrote in his dissent that the Postal Service "has broad authority to regulate the mail" and likely does have the power to enforce Trump's restrictions.

Justice Brett Kavanaugh, meanwhile, agreed that the restrictions should not go into effect for the midterms but indicated he might rule in favor of the Trump administration if the issue comes back before the court at a later time.

Mail ballots are already being sent to voters

Election officials have said there was simply no way to carry out a complete overhaul in the weeks before the midterms. Indeed, Alabama, North Carolina and Wisconsin began sending mail ballots to voters over the past week while the new system was still not active.

The Trump administration plan would require states to adopt a uniform envelope style and submit lists of eligible voters to an online portal. The Postal Service could refuse to deliver ballots to states that didn't comply.

The administration's efforts had the potential to be especially disruptive in states that send out ballots entirely by mail. Washington's Secretary of State Steve Hobbs, a Democrat, said the decision means work "to carry out a safe, secure, and accurate election" can continue "without having to upend our election processes to meet unrealistic ballot mail requirements."

In Arizona, another largely vote-by-mail state, Democratic Secretary of State Adrian Fontes said "it is crucial for us to continue rejecting the notion that access and security are mutually exclusive when it comes to running strong elections."

Utah Lt. Gov. Deidre Henderson, a Republican serving as the state's chief election officer, said on social media that the Supreme Court's decision means "Utahns can have confidence that the 2026 election will proceed as normal."

The White House and Justice Department did not immediately respond to requests for comment, but have in the past framed the restrictions as commonsense changes aimed at keeping elections secure.

State officials and voting rights groups pushed back

Democratic state officials and voting rights groups challenged the restrictions in court, arguing that the president has no constitutional authority to set election rules that would "virtually eliminate mail voting on the eve of a major election."

A whistleblower report, meanwhile, said the postal system's requirements could lead to millions of mail ballots never being sent, because problems with the not-yet-operational portal meant a single bar code error could result in an entire batch of ballots being tossed out.



Arizona judge nixes suit that wants Trump backers off ballot
Legal Marketing | 2022/04/23 13:56
A judge in Phoenix has dismissed lawsuits seeking to disqualify three Republican lawmakers from this year’s ballot because they participated in or helped organize the Jan. 6, 2021, rally in Washington that led to an unprecedented attack on Congress.

The decision from Maricopa County Superior Court Judge Christopher Coury made public Friday means Reps. Paul Gosar and Andy Biggs and state Rep. Mark Finchem remain on the primary ballot barring a reversal by the state Supreme Court. Gosar and Biggs are seeking reelection and Finchem is running for Secretary of State, Arizona’s chief election officer.

The lawsuits filed on behalf of a handful of Arizona voters alleged that Gosar, Biggs and Finchem can’t hold office because they participated in an insurrection. They cited a section of the 14th Amendment to the U.S. constitution enacted after the Civil War.

None of the lawmakers are accused of participating in the actual attack on Congress that was intended to stop certification of President Joe Biden’s win.

Coury agreed with the lawmakers’ attorneys who said Congress created no enforcement mechanism for the 14th Amendment, barring a criminal conviction. He noted that Congress proposed such a law in the wake of the attack on Congress but it is not been enacted.



Hearing opens for Jackson, 1st Black female high court pick
Legal Marketing | 2022/03/18 15:44
The Senate Judiciary Committee on Monday opened the Supreme Court confirmation hearings for Judge Ketanji Brown Jackson, the first Black woman nominated for the nation’s highest court.

Jackson, 51, is to give her opening statement later Monday and answer questions on Tuesday and Wednesday from the panel’s 11 Democratic and 11 Republican senators.

Barring a significant misstep by the 51-year-old Jackson, a federal judge for the past nine years, Democrats who control the Senate by the slimmest of margins intend to wrap up her confirmation before Easter. She would be the third Black justice, after Thurgood Marshall and Clarence Thomas, as well as the first Black woman on the high court.

“It’s not easy being the first. Often, you have to be the best, in some ways the bravest,” Democratic Sen. Dick Durbin of Illinois, the committee chairman, said shortly after the proceedings began.

The committee’s senior Republican, Sen. Chuck Grassley of Iowa, promised Republicans would “ask tough questions about Judge Jackson’s judicial philosophy,” without turning the hearings into a ”spectacle.”

Jackson’s testimony will give most Americans, as well as the Senate, their most extensive look yet at the Harvard-trained lawyer with a resume that includes two years as a federal public defender. That makes her the first nominee with significant criminal defense experience since Marshall.


Washington seeks over $38 billion from opioid distributors
Legal Marketing | 2021/11/15 11:05
After rejecting a half-billion-dollar settlement, Washington Attorney General Bob Ferguson on Monday took the state’s case against the nation’s three biggest drug distributors to trial, saying they must be held accountable for their role in the nation’s opioid epidemic.

The Democrat delivered part of the opening statement in King County Superior Court himself, calling the case possibly the most significant public health lawsuit his agency had ever filed.

“These companies knew what would happen if they failed to meet their duties,” Ferguson told Judge Michael Ramsey Scott. “We know they were aware of the harms flowing from their conduct because in private correspondence, company executives mocked individuals suffering the painful effects of opioid dependence. ... They displayed a callous disregard for the communities and people who bear the impact of their greed.”

But Ferguson’s legal strategy isn’t without risk, as a loss by three California counties in a similar case this month — and an Oklahoma Supreme Court decision overturning a $465 million judgment against drug manufacturer Johnson & Johnson — demonstrates.

Orange County Superior Court Judge Peter Wilson issued a tentative ruling Nov. 1 that the counties, plus the city of Oakland, had not proven the pharmaceutical companies used deceptive marketing to increase unnecessary opioid prescriptions and create a public nuisance. The Oklahoma ruling said a lower court wrongly interpreted the state’s public nuisance law.

In an email, Ferguson stressed that the relevant Washington laws differ and called the cases “apples and oranges.”

Public nuisance claims are at the heart of some 3,000 lawsuits brought by state and local governments against drug makers, distribution companies and pharmacies. Washington’s is the first by a state against drug distribution companies to go to trial. Ferguson is claiming public nuisance and violations of state consumer protection law.


Drummond Law Firm Website
Legal Marketing | 2021/09/07 14:55
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