The Supreme Court delivered a win for democracy this week. It is a reason to take a moment and celebrate.  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­    ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­  

Friday, September 18

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By Marc Elias · Democracy Docket founder

The Supreme Court delivered a win for democracy this week. It is a reason to take a moment and celebrate.

 

On Monday night, the Court rejected the government’s bid to revive the U.S. Postal Service’s rule implementing Trump’s anti-mail voting executive order. In a 6-1-2 decision, the justices kept in place a lower court block on the measure. The lower court judge said the order was likely illegal and unconstitutional, and ultimately the Supreme Court agreed.

 

Justice Brett Kavanaugh wrote a concurring opinion. It was no surprise that Justices Samuel Alito and Clarence Thomas dissented.

 

This ruling is a huge win for the pro-democracy movement. The Postal Service plan to disenfranchise voters won’t be in effect for the midterms.

 

States can now confidently continue to mail absentee ballots to millions of Americans. And voters can mail their ballots with the assurance that their voices will be heard.

 

It was a rocky road to get here.

 

The Supreme Court initially overrode U.S. District Judge Indira Talwani’s order blocking the rule back in August, saying it had been issued prematurely. But once the Postal Service finalized its rule — requiring states to submit a voter list if they want their voters to receive mail ballots — the Supreme Court blocked the measure.

 

The Court’s ruling — though in fact it was an easy case — gives me hope for this fall’s elections. I am proud that the pro-democracy movement refused to back down. I am confident that this victory marks a good sign for things to come in November.

 

As Donald Trump said, this was a “big loss” for Republicans. Let’s capitalize on it.

 

What worried me most this week

 

Despite the victory, I am increasingly worried about the long-term damage this episode has done to mail voting and faith in our elections. Alito continues to spread false claims about mail-in voting, parroting the Trump administration’s lies. Joined by Thomas, Alito wrote in his dissent that the “Government has a strong interest in enforcing the rule, and implementing it will also ‘enhance the visibility of Federal Ballot Mail’ in order to better detect election fraud.”

 

Fraudulent voting is incredibly rare — and it does not happen at a scale to tip elections. If Trump was so worried about mail voter fraud, I doubt he would be voting by mail himself.

 

Still, these conspiracies are being peddled by people with a platform and influence. That is never a good thing. The most important action we can take to combat Trump is going to the polls. Do not let his lies deter you.

 

What I'm watching in the courts

 

On Wednesday, the Wisconsin Supreme Court heard oral arguments in two cases challenging the state’s Republican gerrymander for the 2028 congressional map. Wisconsin is an important battleground state with a nearly partisan split — it is no coincidence that Republicans are fighting hard to create a map that advantages Republicans.

 

My law firm is closely involved, representing the plaintiffs and fighting for fair maps.

 

The Wisconsin Supreme Court declined to hear a lawsuit seeking a new map before the 2026 election, but as the new lawsuits prove, the gerrymander battles aren’t ending with these midterms. Going forward, we need to be prepared for the GOP to gerrymander wherever they can, whenever they can. This is the new normal. We must continue to watch these cases closely, and we must continue to fight back.

 

What gave me hope this week

 

The Department of Justice has lost again. This is a pattern I don’t mind repeating. After a federal judge in Vermont denied the DOJ access to the state’s voter files, the department is officially 0-24 in voter roll cases. To add insult to injury, it has also lost an appeal to the 6th Circuit Court of Appeals.

 

We are only waiting on a handful of additional cases, but I am confident they will go our way.

 

With less than two months to go until midterm elections, every single one of these victories matters to protect our democracy from undemocratic attacks. The Vermont victory — like the ones that came before it — gives me hope.

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