Supreme Court sides with Trump administration on mail voting restrictions
Legal Compliance
The Supreme Court opened a path Monday for possible implementation of President Donald Trump's executive order restricting mail-in voting, though it remains unclear how much can be put in place before the fast-approaching midterm elections.
The decision leaves room for additional court challenges that could further slow Trump's order, and other similar cases have already been filed. The U.S. Postal Service laid out how it would implement the order last week, but time is running short to impose major changes. North Carolina is sending out ballots Sept. 4 overseas and to military voters, and other states will quickly follow suit in just a few weeks.
The Supreme Court's conservative majority didn't decide the legality of Trump's order, instead ruling that states who sued did not have the legal right to challenge it.
While the emergency order is not final, it does have the potential to create chaos around voting across the country, with Trump often questioning the integrity of elections and the nation's highest court again the possible arbiter of a political controversy.
“The Court's disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful. On that score, time will tell,” the majority wrote in an unsigned order.
The three liberal-leaning justices publicly dissented, with Justice Ketanji Brown Jackson writing that the rule “lets another shoe drop in the Kafkaesque nightmare that our precedents have been steadily creating for certain plaintiffs who seek to bring election-related challenges.”
New York Attorney General Letitia James foreshadowed more legal fights ahead, calling the decision a “painful setback” but vowing it would “not be the final word.”
The court's order opens a path for the administration to begin action to restrict mail voting, but it also could lead to further litigation that could freeze the federal government again.
“This is just the first inning of a very fast nine-inning game,” said Derek Muller, a law professor at Notre Dame University.
Mail balloting has long been a favorite target for Trump, who has claimed that it breeds fraud despite strong evidence to the contrary and his own use of the voting method.
Trump's executive order, signed in March, calls on his administration to create lists of eligible voters and orders the U.S. Postal Service to deliver mail ballots only to people on those lists. New requirements released Friday would forbid the Postal Service from sending mail ballots from any state that does not comply with Trump's order.
A Postal Service spokesperson did not immediately respond messages seeking comment. The White House did not immediately respond to a message seeking comment.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.
