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Did the Postal Service usurp Congress’s authority under the Elections Clause during the 2020 election?

October 11, 2022 ,

READ FULL ARTICLE AT » Election Law Blog

A federal district court judge in Washington, DC just issued a decision in New York v. Biden (originally filed as New York v. Trump). Here are excerpts of New York’s claim under the Elections Clause, filed back in October 2020 (with some omissions)

Finally, there is no genuine dispute of material fact that the Postal Policy Changes violate the Elections Clause of the United States Constitution because they impair—and were intended to impair—Plaintiffs’ administration of the elections process in their states. As one court recently explained, “[a]lthough the Constitution allows Congress to override a State’s authority regarding its elections, it does not extend the same authority to the Postal Service—an agency of the federal executive branch.”

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