By J.C. Bruce
It’s amazing how Trump administration officials can say the most absurd and outrageous things with a perfectly straight face.
Exhibit A: Solicitor General Dean John Sauer.
It’s his job to present the government’s side of things in disputes before the U.S. Supreme Court. And that’s just what he did this weekend as he hurried off an appeal to keep Trump’s hopes alive of disrupting the midterm elections.
This emergency pleading arose in the wake of a decision by a Massachusetts federal judge blocking the president’s scheme that would require states to turn over their lists of registered voters for federal review. It would also require states to redo their mail-in ballot envelopes to add special barcodes that would allow the Postal Service to toss out ballots, usurping the role of state election officials.
This is illegal and unconstitutional. The states, not the federal government, run elections. Which is why U.S. District Court Judge Indira Talwani issued an injunction last week blocking this scheme — her third time doing so — that is now being appealed.
Here’s where it gets darkly amusing. In arguing that the Supreme Court must urgently step in and overturn Talwani’s decision, this is what Sauer argued. He said Talwani's injunction:
“…nullifies the Postal Service’s efforts to address the risk that the federal mails will be used to perpetrate voter fraud—a particularly pernicious species of fraud that dilutes the votes of lawful voters, prevents election results from reflecting the will of the American people, and undermines ‘public confidence in the integrity of the electoral process.’”
How he could address the highest court in the land with this blather while keeping a straight face is incredible. Here’s the truth:
There is no widespread or meaningful voter fraud in the United States. Numerous reviews have established this. This is not a sincere effort to safeguard elections.
The only fraud that is being attempted here is Trump’s illegal and unAmerican efforts at voter suppression. By casting doubt on the security of mail-in voting, and by disrupting it through lawsuits like this, he hopes to discourage voting in the midterms. In his mind, lower turnout means less risk of losing Republican control of Congress.
When Sauer refers to “diluting” the vote, the real effort at watering down the vote is being perpetrated by Trump.
When he refers to the “will of the American people,” that is best expressed by high voter turnout, not lower.
And the cherry on top is his heartfelt expression of concern that unless the court steps in that public confidence in elections will be undermined.
Give me a break. The only efforts at undermining confidence in our elections are being perpetrated by Trump and his flunkies like Sauer.
This is all a bunch of deceptive Orwellian doublespeak.
Now, the Supremes have this test before them. Will they uphold the Constitution—which is their duty—or will they turn the country’s elections over to a would-be dictator?
Not much at stake here, just the future of our democracy. And I’m writing that with a straight face.
Justice Ketanji Brown Jackson, who has initial responsibility for emergency appeals from Massachusetts, directed the challengers to file their response by 4 p.m. EDT today. Stay tuned.
For more background on this, check out this excellent report from Amy Howe of SCOTUSblog:
Trump administration again appeals mail-in ballot dispute to the Supreme Court
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J.C. Bruce
Trump is such an irresponsible baby. But, let's be real, as soon as Trump gave the order, DeSantis complied immediately, probably flying a rented jet, at taxpayer expense, to personally deliver the goods. It's hilarious and scary as hell at the same time.
Americans must make sure they vote and that their vote is counted. Get out and vote whatever way you need to, but vote so we can end this lunacy once and for all!