September 16, 2026
The decision — which effectively bars the policy from taking effect for the fall elections — was presumably 7-2, with Alito and Justice Clarence Thomas saying they would have granted the government’s request for relief. Aside from Justice Brett Kavanaugh — who said the USPS rule seems lawful but denied the government’s request because it’s too close to the midterms for election officials to implement it — the majority offered little explanation for its decision.
Alito, on the other hand, penned a lengthy dissent (joined by Thomas) outlining several issues with the court’s holding. It was in this opinion that the Bush 43 appointee seemingly telegraphed some potentially nefarious shenanigans by the court’s Democrat appointees in the case.
The apparent hint came in the dissent’s concluding pages, in which Alito refuted the alleged concerns that the Democrat-led states challenging the Postal Service rule had regarding "the practical effects of implementing the rule close to the midterm elections.” While taking "that problem very seriously,” the justice highlighted two key points demonstrating why it isn’t enough to warrant rejecting the government’s request to implement the rule for the 2026 contests.
On one hand, the senior justice noted how not even all the challenging states agree "about the nature of these effects.” "Twelve States supported the rule below and asserted that compliance at this time is practicable,” he wrote.
The other and more significant point raised by Alito, however, is that the plaintiff states and federal courts — including SCOTUS — "bear a substantial share of the blame for the rule’s timing.”
The justice chronicled the timeline of how the challenging states immediately sued the administration after Trump signed the contested order in late March, and how such litigation "cast a cloud over the Government’s ability to issue a final rule.” He further observed how Obama-appointed District Judge Indira Talwani strung this lawfare along by "enter[ing] several injunctions months later prohibiting the Government from undertaking that rulemaking.
Posted by: Timothy Birdnow at
10:05 AM
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