Legal tactic could let Trump shape mail-in voting despite Supreme Court split

Jay Kuo, a lawyer admitted before the nation’s highest courts, argues that a little-known legal doctrine could let Donald Trump’s challenged mail-in voting order survive despite recent Supreme Court moves. The Court’s emergency docket decision cleared procedural hurdles, but it did not rule on the order’s constitutionality, and Justice Jackson’s dissent underscored the lack of a governmental claim to authority. Kuo points to the Purcell principle, which traditionally blocks last-minute election changes, noting that a distorted application could allow the rule to proceed unchecked.

He warns that the same majority that granted procedural relief might refuse to block the Postal Service rule by claiming the election is too close for judicial action. Recent patterns of the Court using emergency dockets to alter election rules in favor of Republican interests suggest this risk is real. The outcome could sow voter confusion and undermine election stability.