Trump v. California · ¶39

As to §3, the respondent States assert that any interference with the States’ “authority to create and administer a mail voting program” is unlawful. Amended Complaint in No. 1:26–cv–11581 (D Mass.), ECF Doc. 65, ¶169; see id., ¶¶167–178. If that is true, then no future implementation could be “consistent with applicable law,” and the States need not wait to challenge the precise contours of a final rule.

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