Trump v. California · ¶85

Consider the Court’s strained attempt to establish that the District Court relied on a “chain of inferences,” ante, at 7, an effort that begins with the contention that the District Court “first had to speculate about whether the Postal Service would propose a rule,” ibid. Quite to the contrary, the record reveals that the District Court just looked at the facts. No speculation about whether USPS would “propose a rule” was needed because the Executive Order explicitly directs the Postmaster General “to initiate a proposed rule- making . . . within 60 days.” 91 Fed. Reg. 17126 (emphasis added). The Order further details the content of that rule, stating that the proposed rule “shall include, at minimum,” “[p]roposed provisions specifying that all outbound ballot mail must be mailed in an envelope that . . . bears a unique Intelligent Mail barcode.” Ibid. The Order also demands that the…

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.