The Pending Supreme Court Decision Hanging Over the Midterms

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The Administration Makes Plans as the Justices’ Silence Continues
This morning dispatch seeks to round up some of the things we’re following coming into the day. But for weeks, there’s something we’ve been following about which there hasn’t been much new to write: the Supreme Court’s pending decision on a Trump executive order that seeks to restrict mail-in ballots in elections.
Trump’s various efforts to interfere with how America votes have not been terribly successful. Attempts by allies and conspiracy theorists to dredge up new allegations to undermine Americans’ faith in elections have amounted to little; the SAVE Act never had a real chance in the Senate. That’s why the fate of this executive order is so important. The order seeks to force states to submit their voter lists to the federal government, and for the postal service to only send ballots to voters on a list maintained by the Department of Homeland Security and the Social Security Administration. If the Supreme Court allows it to go forward, it would be a sweeping seizure of federal power over elections — the kind long understood to be unconstitutional — and a clearcut win for Trump on this topic, with drastic implications for future elections. This case may not decide that issue fully — all that is immediately before the Court right now is the question of whether a district court injunction on the order is appropriate. But the Court has been silent on that narrow question for far longer than experts expected it to be.
Over the weekend, there was a flurry of developments in this fight from outside the Court. The U.S. Postal Service published to the federal register a draft rule that it says will go into effect if the Supreme Court clears the way: The rule, true to the EO, would block the postal service from sending mail ballots to voters “unless compliance with the rule’s new standards has been verified.” Plaintiffs in one of the suits challenging the rule over the weekend asked the district court judge to block the postal service from finalizing its draft, arguing that drafting the rule violated her preliminary injunction, which the Supreme Court is still considering.
Legal back and forth aside, the bottom line is that this is a case that contemplates whether the administration will be able to assert control over how and who states mail ballots to — assert control, in other words, over how and whether specific individuals vote. The Supreme Court has been mulling it for a curiously long time, leading experts to speculate that a justice or multiple justices are writing a lengthy dissent. Of course, which justices find themselves in a place to dissent — and which justices are in the majority — is the question we’re all asking.
Mike Collins’ White Nationalism-Posting Son-in-Law Continues to Cause Trouble

Even as Georgia Senate candidate and member of Congress Mike Collins (R-GA) has sought to dodge questions about his daughter’s husband’s extreme internet activity, his son-in-law continues said activity, dogging Collins’ campaign against Sen. Jon Ossoff (D-GA).
- The Atlanta Journal-Constitution reported on Friday that David Alan Scheer II said in a recent online exchange that he “absolutely” believes that there should only be one vote per household and that women should not be allowed to vote.
- CNN reported in July that Scheer had a history of supporting the group white nationalist Patriot Front and of making pro-white, antisemitic and anti-Muslim statements online.
- The story hit hard because Collins has had a series of these kinds of issues: Just a week before the CNN story, Collins replaced a chief of staff who Slate had reported was in a group chat with white nationalists in which he promised to help get a Holocaust denier released from prison. An earlier chief of staff had a history of violent threats, and came under House Ethics Committee investigation for misusing funds. Collins himself likes to make jokes about his political enemies that nod to far-right, extrajudicial murders in South America.
- Collins has avoided talking about Scheer, even though some of his videos appear to be shot on a property Collins owns. At one point, Collins scrambled to end a press conference after being asked about the topic.
Tabs
- Natalie Harp posted extensively on January 6 — more than 150 times — in many cases urging support for Trump, CNN reports.
- The Washington Post has been ordered by an arbitrator to rehire Karen Attiah, who was fired in September after posts about Charlie Kirk.
Woman of the Hour

It’s Susan Collins, who, amid a tough fight for reelection in Maine, has been strongly, publicly concerned with greater frequency. The latest example came over the weekend, when she put out a statement on flailing U.S.-Canada trade relations that garnered her some attention, urging “both sides” to continue negotiating. “The Administration must consider the negative impact tariffs would have on Maine businesses,” it read.



