Equity, Not Merits, Should Drive the USPS Stay Decision for 2026 Ballots

Legal analyst Marty Lederman argues the Supreme Court should deny the government’s stay of the USPS Final Rule for the 2026 election, focusing on the balance of equities rather than resolving the merits. The Rule’s nine preconditions could delay or prevent ballot delivery and disenfranchise voters in many jurisdictions, while the government offers little evidence of irreparable harm, making denial the straightforward equitable outcome. He also notes that even if the Rule might be ultra vires on merits, the equities alone justify keeping the injunction in place for the 2026 election, consistent with precedents like California and Winter.