{"id":607,"date":"2026-09-04T13:11:06","date_gmt":"2026-09-04T13:11:06","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=607"},"modified":"2026-09-04T13:11:06","modified_gmt":"2026-09-04T13:11:06","slug":"mail-in-voting-returns-to-the-interim-docket","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=607","title":{"rendered":"Mail-in voting returns to the interim docket"},"content":{"rendered":"

There will be no SCOTUStoday newsletter on Monday in recognition of the Labor Day holiday. We\u2019ll be back in your inboxes on Tuesday. Enjoy the weekend!<\/p>

Read more Trump administration asks Supreme Court to clear the way for it to implement new mail-in voting rule<\/a><\/p>

If you are interested in attending The SCOTUSblog Summit: 2026 Term Preview on Wednesday, Sept. 16, in Washington, D.C., don\u2019t forget to fill out this registration request.<\/p>

At the Court<\/h2>

On Thursday, the Trump administration urged the Supreme Court to temporarily pause an order blocking the government from implementing parts of a U.S. Postal Service rule on mail-in ballots. For more on the new interim docket request, see the On Site section below.<\/p><\/div><\/div>

Today at 9:30 a.m. EDT, the court will release its third and final summer order list. (We discussed what these lists typically address in our July 13 newsletter.)<\/p><\/div><\/div>

Two Republican groups asked the court on its interim docket to block a decision by the U.S. Court of Appeals for the 4th Circuit preventing political parties and joint fundraising committees from paying preferential broadcast rates for political ads. On Thursday, the Democratic candidates who challenged the groups\u2019 access to the lower rates the court to leave the 4th Circuit\u2019s ruling in place. For more on the filing, see the On Site section.<\/p><\/div><\/div>

In another interim docket dispute, a Michigan group asked the court to require Michigan election officials to put on the November ballot its proposal for requiring proof of citizenship to vote in the state. On Thursday, Justice Brett Kavanaugh denied that request. Learn more about the dispute in the Morning Reads section.<\/p><\/div><\/div><\/div><\/div>

Morning Reads<\/h2>

Supreme Court refuses to put proof-of-citizenship amendment on Michigan ballot<\/h3>

Kelsey Reichmann, Courthouse News Service<\/p>

On Thursday, the Supreme Court declined \u201cto take emergency action … to put a proof-of-citizenship amendment on Michigan ballots for the midterm elections,\u201d according to Courthouse News Service. \u201cAmericans for Citizen Voting asked the justices to intervene after the Michigan Board of State Canvassers invalidated its proposal\u201d following the board\u2019s determination that the proposal did not have enough valid signatures to be added to the ballot. Justice Brett Kavanaugh denied that request \u201cwithout referring the appeal to the full court. He did not explain his decision.\u201d Courthouse News Service noted that \u201cAmericans for Citizen Voting filed its emergency appeal at the U.S. Supreme Court just days before Michigan ballots were scheduled to be finalized on Friday.\u201d<\/p><\/div><\/div>

Mine safety commissioner fired by Trump gives up legal fight, citing Supreme Court<\/h3>

Zach Schonfeld, The Hill<\/p>

In June, the Supreme Court expanded presidential firing power in Trump v. Slaughter<\/em>, holding that the president has broad authority over approximately two dozen multi-member agencies that Congress intended to be independent. On Wednesday, Moshe Marvit cited that decision in announcing that he was dropping his lawsuit over President Donald Trump\u2019s effort to remove him from the Federal Mine Safety and Health Review Commission. He said he \u201cdisagrees with the high court\u2019s decision but conceded it means the agency is no longer independent,\u201d according to The Hill. \u201cMarvit is among a growing list of fired independent agency leaders who\u2019ve thrown in the towel after the Supreme Court upended 91 years of precedent that had shielded them with firing protections.\u201d<\/p><\/div><\/div>

Trump administration aims to strip schools\u2019 tax exemption if they consider race<\/h3>

Susan Svrluga and Danielle Douglas-Gabriel, The Washington Post<\/svg><\/span><\/p>

On Thursday, the IRS and Treasury Department announced plans to \u201celiminate tax-exempt status for any private school that discriminates \u2018on the basis of race, color, or national or ethnic origin in administration of its educational, admissions, scholarship, athletic, or other policies,\u2019\u201d escalating the Trump administration\u2019s past efforts to prevent schools from considering race in admissions and other areas of campus life, according to The Washington Post. The administration argues that such consideration \u201cviolate[s] the law in the wake of a 2023 Supreme Court ruling banning the use of race-conscious admissions.\u201d The new proposal \u201cis subject to a lengthy public-comment period,\u201d and would not go into effect until May 2027, at the earliest. \u201cThe agencies estimate that if it takes effect, the rule could affect as many as 18,000 primary and secondary schools, colleges, universities, professional schools, and trade schools.\u201d<\/p><\/div><\/div>

Democrats plot crackdown on Supreme Court<\/h3>

Susan Ferrechio, The Washington Times<\/p>

During an event last weekend in Iowa, Sen. Sheldon Whitehouse of Rhode Island and Rep. Jamie Raskin of Maryland, who are poised to lead the Senate Judiciary Committee and House Judiciary Committee, respectively, if Democrats take control of the House and Senate in November, shared that they have monthly meetings on the future of the Supreme Court, at which they discuss \u201chow they would police Supreme Court justices.\u201d \u201cMr. Whitehouse and Mr. Raskin said they plan to issue subpoenas, which can be blocked by a filibuster in the Senate but not in the House,\u201d according to The Washington Times. Whitehouse \u201cdid not specify who would be targeted with subpoenas, but noted that many questions remain regarding the court\u2019s conservative justices. In particular, he pointed to Justice Clarence Thomas, who bought a $267,230 luxury motor coach using a loan from a wealthy healthcare executive that Senate investigators say was forgiven without repayment.\u201d<\/p><\/div><\/div><\/div><\/div>

On Site<\/h2>
Court News<\/span>

Trump administration asks Supreme Court to clear the way for it to implement new mail-in voting rule<\/h3>

By Amy Howe<\/p>

The Trump administration returned to the Supreme Court on Thursday afternoon, asking the justices to temporarily pause an order by a federal judge in Boston that blocks the government from implementing parts of a U.S. Postal Service rule on mail-in ballots.<\/p><\/div>

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Court News<\/span>

Judge temporarily halts Trump\u2019s latest birthright citizenship order <\/h3>

By Amy Howe<\/p>

It has been just under a month since President Donald Trump issued a new executive order seeking to narrow the availability of birthright citizenship. On Wednesday, a federal judge in Maryland temporarily blocked the Trump administration from enforcing that order against an expansive group of children whose parents are in the United States temporarily or without proper documentation.<\/p><\/div>

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Court News<\/span>

Sen. Jon Ossoff and other Democratic candidates urge justices to leave court ruling in place on political broadcasting rates<\/h3>

By Amy Howe<\/p>

Four Democratic candidates for the U.S. House of Representatives and U.S. Senate urged the justices to leave in place a ruling by a federal appeals court that limited the availability of preferential advertising rates to candidates for political office. The candidates \u2013 former Sen. Sherrod Brown of Ohio, who is running again in that state; Sen. Jon Ossoff, who is running for reelection in Georgia; former Gov. Roy Cooper of North Carolina, who is running for Senate there; and Rep. Kristen McDonald Rivet, who is running for reelection in Michigan \u2013 told the justices that \u201c[n]o court has ever held, or even hinted,\u201d that the preferential rates should be more broadly available.<\/p><\/div>

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Contributor Corner<\/span>

Will the court consider due process rights for detained migrants? <\/h3>

By C\u00e9sar Cuauht\u00e9moc Garc\u00eda Hern\u00e1ndez<\/p>

In his Immigration Matters column, C\u00e9sar Cuauht\u00e9moc Garc\u00eda Hern\u00e1ndez explored Genalo v. Black, a case on whether the government can indefinitely detain long-term migrants who have been convicted of a variety of crimes without allowing them to ask an immigration judge for release on bond. The case is scheduled to be argued on Oct. 13, although recent developments might convince the court to remove it from its docket.<\/p>

Read more Trump administration asks Supreme Court to clear the way for new mail-in voting rule to be implemented<\/a><\/p><\/div>

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SCOTUS Outside Opinions<\/span>

Court reform is liberal-coded nowadays. But it shouldn\u2019t be.<\/h3>

By Gabe Roth<\/p>

In a column for SCOTUSblog, Gabe Roth contended that \u201cthere\u2019s nothing inherently partisan about court reform,\u201d even if Democrats dominate the current discussion of potential changes to make to the Supreme Court. \u201cImproving transparency and accountability in our historically opaque third branch \u2013 if done right \u2013 would not help one party or another,\u201d Roth wrote.<\/p><\/div>

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Podcasts<\/h2>
Advisory Opinions<\/span>

SCOTUS Majority Rules White House Ballroom Is A Go<\/h3>

Sarah Isgur and David French discuss the 5-4 ballroom interim docket decision with Chief Justice John Roberts leading the dissenters, The New York Times\u2019 piece on releasing the justices\u2019 papers sooner rather than later, and a piece by Josh Morrow on AI in circuit decisions.<\/p><\/div><\/div><\/div><\/div><\/div>

A Closer Look<\/div>

Justice Henry Brockholst Livingston<\/h3><\/div>

Although Justia describes Henry Brockholst Livingston as having \u201cspent all of his 16 years on the Court in the shadow of Chief Justice John Marshall, writing no memorable opinions,\u201d another biography states that Livingston was the court\u2019s \u201cunofficial expert on commercial law until the arrival of Justice Story.\u201d In any event, Livingston was certainly memorable in other ways \u2013 he survived an assassination attempt, killed a man in a duel, and had two \u201cacts of dubious judicial decorum\u201d involving John Quincy Adams and the case of Dartmouth College v. Woodward<\/em>, respectively.<\/p>

Livingston was born in New York City in November 1757 to a wealthy and influential family and raised in Elizabeth (then Elizabethtown), New Jersey. His father (for whom the town of Livingston, New Jersey, is named) later became governor of New Jersey. He graduated from the College of New Jersey (now Princeton University) in 1774 with James Madison as a classmate, enlisted in the Continental Army at 19, and was present when British General John Burgoyne surrendered at the Battle of Saratoga in October 1777. Livingston\u2019s rank at the time is disputed: some sources say he was a captain, while others claim a lieutenant colonel. In 1779, he left for Spain as private secretary to his brother-in-law John Jay (yes, that John Jay), although the two were \u201coften at odds.\u201d On his way home three years later, Livingston was captured by the British and imprisoned in New York, although he was paroled after just three weeks as the war came to a close.<\/p>

Admitted to the bar in 1783, Livingston served three terms in the state assembly and survived an assassination attempt in 1785. He also gave the first Fourth of July speech that was \u201cin the presence of\u201d President George Washington. Justice Joseph Story once described Livingston as having \u201can aquiline nose, high forehead, bold head, and projecting chin.\u201d The first of those features played into a fatal duel in 1798 after Federalist James Jones tried to \u201cwring [Livingston\u2019s] nose\u201d after Livingston insulted him. Livingston killed Jones, and although Livingston was not prosecuted, he reportedly \u201cnever fully recovered\u201d psychologically following Jones\u2019 death.<\/p>

Livingston drifted into the Jeffersonian camp during the 1790s, and his work helping then-Vice President Thomas Jefferson win New York in 1800 got him a seat on the New York Supreme Court in 1802. In his four years there, Livingston wrote 149 opinions, most famously his dissent in the influential 1805 case of Pierson v. Post<\/em>, where he argued that a hunter chasing a fox, not the passerby who kills it, has the better claim to the fox (law professor Josh Blackman has described this as the \u201cdefinitive first year property case\u201d).<\/p>

Jefferson gave Livingston a recess appointment to Justice William Paterson\u2019s seat in November 1806. The Senate confirmed him by voice vote in December, and he took the oath in January 1807. Used to writing separately in New York, Livingston fell in line with Marshall\u2019s practice of a single opinion and had a relatively small output with only 38 majority opinions, eight dissents, and six concurrences in 16 years by one tally. Contemporaries knew him as \u201ca silent observer\u201d who calmed intra-justice tensions.<\/p>

Although none of his Supreme Court opinions focused on major constitutional issues, many involved commercial law, such as disputes over notes, bills, and insurance policies. In 1818\u2019s Dugan v. United States<\/em>, he held that the federal government could enforce its contracts because \u201c[i]t would be strange\u201d to deny it \u201ca right which is secured to every citizen of the United States.\u201d Story, for his part, called him a \u201cvery able and independent judge.\u201d<\/p>

Livingston has also been remembered for less savory reasons, however. He apparently told then-counsel John Quincy Adams how 1810\u2019s Fletcher v. Peck<\/em>, the first time the Supreme Court held a state law unconstitutional, would come out before the court announced the decision, and in 1819\u2019s Dartmouth College<\/em>, his vote was reportedly influenced by extra-judicial conversations with Chancellor of New York and former colleague James Kent, who supported the majority\u2019s position.<\/p>

Livingston fell ill during the 1823 term and died in Washington at age 65. Justice Smith Thompson, nominated by President James Monroe, took Livingston\u2019s seat on the court. Livingston\u2019s death ended an 11-year period of an unchanged bench, then the longest period of such in the Supreme Court\u2019s history.<\/p><\/div><\/div>

SCOTUS Quote<\/h2>

MR. KOERNER: \u201cBut if the shipment is done with the intent of avoiding taxes, which was contemplated by this statute \u2013\u201d<\/p>

JUSTICE SCALIA: \u201cThat’s not what it says. It makes it unlawful to knowingly ship it when they bear no evidence of payment of applicable taxes, and \u2013\u201d<\/p>

Read more Sen. Jon Ossoff and other Democratic candidates urge justices to leave court ruling in place on political broadcasting rates<\/a><\/p>

MR. KOERNER: \u201c\u2013 That’s correct. There’s a question of proof.\u201d<\/p>

JUSTICE SCALIA: \u201c\u2013 there is no applicable taxes at the time that they ship it.\u201d<\/p>

MR. KOERNER: \u201cBut if you look at the legislative history, it was directly \u2013\u201d<\/p>

JUSTICE SCALIA: \u201cOh, I don’t look at legislative history.\u201d<\/p>

\u2014 Hemi Group LLC v. City of New York<\/em>\u00a0(2009)<\/p><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

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