Supreme Court Addresses Voting Regulations and Other Legal Challenges

Why it matters locally: The Supreme Court's potential review of the Commerce Clause, particularly concerning federal gun laws, could have implications for Montana residents, given the state's strong Second Amendment protections and gun ownership rates. Additionally, decisions impacting the commercial fishing industry, while not directly tied to Montana's inland fisheries, set precedents for federal regulatory authority.

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WASHINGTON – The Supreme Court on Monday denied a request from the Trump administration to halt a district court ruling concerning new U.S. Postal Service rules on mail-in voting. Justice Brett Kavanaugh issued a concurring opinion, while Justice Samuel Alito wrote a dissenting opinion, joined by Justice Clarence Thomas. The federal judge's ruling prevents the implementation of certain aspects of the USPS regulation. Separately, the Trump administration has asked the Supreme Court to permit the use of the Department of Homeland Security's Systematic Alien Verification for Entitlements database. This database would identify non-citizens on state voter rolls. A response to this request is due later today. Reuters reported that a second federal judge had previously paused the new USPS restrictions. U.S. District Judge Carl Nichols granted a preliminary injunction in a lawsuit filed by the Democratic Party and organizations including the NAACP. The judge stated that the new rule could complicate mail-in voting and exceeded the Postal Service's authority. According to The Washington Post, a high volume of election-related cases has reached the Supreme Court's interim docket. Legal experts cited in the report stated this number exceeds historical norms for a midterm election period. They expressed concerns that this litigation could contribute to distrust and confusion regarding the electoral process. The Post identified three factors accelerating this trend: a Supreme Court decision that weakened the 1965 Voting Rights Act, subsequent efforts by Southern states to redraw electoral maps, and proposals for new voting rules. In other court matters, the justices will consider whether to hear a Maine lobsterman's challenge to a federal requirement for electronic tracking devices on fishing boats. The Associated Press reported that the case, scheduled for consideration on September 28, could affect the American commercial fishing industry. Maine lobsterman Frank Thompson filed the lawsuit, arguing that the GPS tracker requirement constitutes an unreasonable search and seizure. A federal appeals court previously rejected his claim. Authorities have stated that the monitoring program helps in understanding the lobster population amid concerns of decline. Additionally, a case before the U.S. Court of Appeals for the 5th Circuit may lead the Supreme Court to reconsider its interpretation of the Commerce Clause. Reason magazine detailed the case of Curtis Squire, who faces a federal charge for gun possession by a person with a felony record. Squire argues that Congress lacked the constitutional authority to enact this law, which criminalizes intrastate, noncommercial conduct under the guise of regulating interstate commerce. Justice Clarence Thomas has previously expressed skepticism regarding the Commerce Clause's justification for federal bans on intrastate gun possession. Bob Bauer, writing for NYU Law's Democracy Project, addressed the Supreme Court's decision to block Missouri from using a new congressional map. Bauer suggested that courts may intervene in instances of highly politicized election administration, potentially offering a check on such actions before and after elections. In a related item, the Supreme Court on Monday declined to permit the U.S. Postal Service to implement specific parts of a new mail-in voting rule. The justices issued a brief, unsigned order that upheld a federal judge's ruling in Boston prohibiting the USPS from enacting these aspects of the rule.