The Trump administration's emergency application to stay Judge Indira Talwani's injunction against the Postal Service mail-ballot rule sat over Labor Day without a Supreme Court order in fetched copy. [1] Sunday this paper said timing is the story because North Carolina was already mailing. Monday the mail still moves.
Nebraska Examiner recapped the ask: specially designed envelopes, voter-list checks, and the risk that noncompliant ballots would not be delivered, against Talwani's finding that the rule likely exceeded federal power so close to the midterms. [1] Responses were due on the emergency docket. [1] A due date is not a decision. A holiday is not a stay.
Print the pending application. Do not print a ruling that did not issue. The envelopes in the system are the facts the court has not yet touched.
Talwani's order is still the operative trial-court fact. [1] Sauer's application is still an application. Labor Day did not promote either.
States that already mailed are not waiting for a holiday docket. [1] The envelopes are the clock the justices have not stopped.
Print pending. Do not print stayed. Do not print lifted. [1]
The emergency docket took the holiday without converting Sauer's stay into an order. Envelopes already in North Carolina's system kept moving while justices issued nothing. A due date on the application is paperwork, not a lift. Talwani still owns the trial-court order.
Labor Day produced no lift. A due date is paperwork. Talwani still owns the trial-court order.
Labor Day produced no lift. A due date is paperwork. Monday issued no nationwide stay.
Monday's Labor Day mail file issued no nationwide stay. The justices used no verb on the holiday. First Street stayed empty of a lift.
-- SAMUEL CRANE, Washington