Jay Willis, writing at Balls and Strikes on the stridently “unhinged” dissent from Justice Samuel Alito (joined by Clarence Thomas) in USPS v. California:
Alito and Thomas could not let this conclusion go unanswered. Alito began his opinion by recasting the rule not as an attempt by Trump to regulate elections per se, but as a coincidentally election-adjacent exercise of the Postal Service’s “broad authority to regulate the mail,” which is, for technical reasons I won’t bore you with here, ostensibly harder to challenge in court. Strangely, the facts that the rule is titled “Ballot Mail for Federal Elections,” and applies to the activities of state “chief election officials,” and says that its primary purpose is protecting the “integrity of federal elections,” and does not implicate any class of mail other than mail-in ballots do not appear anywhere in Alito’s trenchant analysis.
Somehow, the second chunk of Alito’s dissent is even less serious. First, he asserted that the injunction would cause the Trump administration to suffer “irreparable harm” because leaving it in place would “deal a serious setback to the Executive’s goals.” As Alito has done with unsettling frequency over the last several years, he also claimed that the government has a “strong interest” in enforcing the rule in order to “better detect election fraud.”
These claims are equal parts nonsensical and detached from reality.
Justice Alito wrote 2,000 words to basically say “nuh-uh.”
