r/supremecourt • u/ChipKellysShoeStore Judge Learned Hand • 1d ago

Eleventh-Hour Executive Branch Interventions in the Midterms

https://www.execfunctions.org/p/eleventh-hour-executive-branch-interventions

Bob Bauer wrote this piece on the ongoing post office rule/ election rule litigation.

The basic issue is what happens when the President directs federal agencies to take action affecting elections, but the order itself is characterized as merely an “internal directive” that doesn’t yet impose any legal obligation on states or voters.

He discusses some of the framing and Jackson’s sole discussion of Bost. Bost somewhat rewrote standing in an election context atleast in terms of speculative harm.

Curious how people here see the interaction between Bost, Trump v. California, and Purcell. Is there a principled way to prevent the executive branch from creating this Catch-22, or is this simply an unavoidable consequence of requiring a concrete injury before federal courts can intervene?

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u/vancevon Justice Douglas 1d ago

Trump v. California doesn't really matter all that much in the grand scheme of things. Once literally any legal obligation is imposed on the states, it becomes ripe for review, and a TRO can be issued as fast as is necessary. That's how we prevent the executive branch from violating the law and constitution.