Kavanaugh throws Trump 'a lifeline' on mail ballot rules despite Supreme Court loss before midterms

Fox News · collected 2026-09-17 · by Elaine Mallon
Read the original at Fox News ↗

Summary

Supreme Court Justice Brett Kavanaugh issued a concurrence in United States Postal Service v. California, suggesting there might be grounds for the U.S. Postal Service to enact President Trump's ballot-mail rules in the future. Despite denying Trump’s emergency request for the 2026 midterms, the ruling leaves room for potential reconsideration by the Supreme Court later. Jason Snead of Honest Elections Project notes that Kavanaugh's opinion provides a lifeline for future implementation, though ballots have already been sent out under current rules.
Written by the local model on 2026-09-17, using this article's own text rather than the other coverage of the same event (that is the story summary below).

Signals How these are calculated →

Claims extracted
38
claim-shaped sentences
Uncertain
18%
7 of 38 hedged
Leaning
withheld
no quote in the article backed the model's score
Correction & hedging signals
95.0
corrections and hedging in what we collected; not a measure of accuracy
Outlets on this story
38
Politics
Narrative spread
1
articles carrying this framing
Analyzed 2026-09-17 · how these are computed

AI analysis (generated at analysis time, not now)

Story summary

US District Judge Carl Nichols blocked President Donald Trump's administration from implementing a new US Postal Service (USPS) rule that would tighten mail-in voting requirements. This decision follows another federal judge’s similar ruling, despite efforts by Trump and his Republican Party to restrict mail-in voting ahead of the November 3 midterms. The Supreme Court declined to overturn these rulings, preventing any immediate impact from the USPS rule before the election. The court's order leaves states free to continue their existing processes for sending out mail ballots. This move is seen as a victory by civil rights groups and Democratic representatives who argue it protects millions of Americans' right to vote by mail.

Written for “Supreme Court Rejects Trump Mail-In V…” on 2026-09-17, grounded in this article and the 37 other(s) covering the same event.
Why this leaning score
The model judged this article politically coded and scored it +0.35, but 2 quote(s) could not be found in the article and the other 1 are attributed speech rather than the article's own narration, so the score is not published.
Written under an earlier scoring contract, which gave a paragraph rather than checkable quotes. Re-analysing this article replaces it.
Leaning score withheld for article 15512: no verified evidence · logged 2026-09-17

Story

📰 Supreme Court Rejects Trump Mail-In V…
Politics · 38 article(s) covering the same event. This is the one the site leads with.

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Compared with similar articles

This article reads unscored and hedges 18% of its claims. Each row says how that neighbour differs.
South China Morning Post
⚖️ Leans left 🔴 40% hedged 2 of 5 📰 publisher trust 94
“Article A describes a decision by Judge Carl Nichols to block Trump's mail-in voting restrictions, while Article B discusses a concurring opinion from Justice Kavanaugh regarding the Supreme Court's stance on these rules.”
Los Angeles Times
⚖️ Leans left 🔴 21% hedged 9 of 43 📰 publisher trust 95
“Both articles discuss the Supreme Court's decision halting Trump's proposed limits on mail ballots for the November elections in USPS vs. California.”
Al Jazeera
⚖️ Leans left 🔴 17% hedged 6 of 36 📰 publisher trust 96
“The articles describe different aspects of the Supreme Court's ruling on Trump's plans for postal ballots; Article A covers the main decision, while Article B focuses on Justice Kavanaugh's concurring opinion.”
Reason
⚖️ Leans left 🔴 12% hedged 7 of 57 📰 publisher trust 93
“Both articles discuss the Supreme Court's decision in United States Postal Service v. California on the same day.”
The Independent
⚖️ Leans left 🔴 14% hedged 4 of 28 📰 publisher trust 59
“The articles describe different stages of a legal process: Article A reports the Supreme Court's decision rejecting Trump's request to limit mail-in voting, while Article B discusses Justice Kavanaugh's concurring opinion after the ruling.”
The Hindu
⚖️ Leans left 🔴 19% hedged 6 of 31 📰 publisher trust 95
“Both articles describe the U.S. Supreme Court's decision on September 14, 2026, regarding a request by the Justice Department to lift a ruling that blocked the U.S. Postal Service from enforcing mail ballot rules.”
Toronto Star
⚖️ Leans left 🔴 3% hedged 1 of 30 📰 publisher trust 61
“While both articles discuss the Supreme Court's decision regarding Trump's mail ballot restrictions and his reaction to it, they describe different aspects of the incident over time, not a single occurrence.”
Al Jazeera
⚖️ Leans right 🔴 0% hedged 0 of 17 📰 publisher trust 96
“The articles describe different aspects of a legal ruling and its aftermath; Article A reports on U.S. Attorney General Todd Blanche's response to the Supreme Court decision, while Article B focuses on Justice Kavanaugh's concurring opinion in the same case.”
ABC News (AU)
⚖️ Leans right 🔴 17% hedged 4 of 23 📰 publisher trust 60
“While both articles discuss President Trump's criticism of the Supreme Court for rejecting restrictions on mail-in ballots, they describe different aspects and timelines (criticism vs. concurring opinion).”
Reason
⚖️ Leans strongly left 🔴 7% hedged 1 of 15 📰 publisher trust 93
“The articles describe different aspects of related but distinct Supreme Court actions regarding Trump's mail-in ballot executive order: one focuses on the initial refusal to block the lower-court ruling, while the other highlights a concurring opinion by Justice Kavanaugh after the decision.”

Publisher

Fox News · 685 article(s) · 1 correction(s) detected
Running correction rate · 1 correction(s)
2026-08-04
Pennsylvania school bus aide accused of sexually assaulting special needs teen

Who wrote this

Elaine Mallon
4 article(s) here · 1 carrying a prediction
🔮 "I would note though that Justice Kavanaugh threw the government a lifeline by saying that he views it as likely that they do have the statutory authority.
🔮 The findings of the investigation were handed off to Special Counsel Robert Mueller a few months later in May.
🔮 James' office announced on Wednesday that it will be investigating Pamela Cisneros' death, who was wielding two large knives in each hand when officers confronted her following the fatal stabbing.
🔮 Tuesday's primary race will determine who will immediately fill Swalwell's seat for the remainder of the term.
Also by Elaine Mallon
Nothing else under this byline is closely related to this article, so these are simply their most recent.

Topics

Fox News Digital Postal Service Supreme Court The Supreme Court USPS

Subjects

Trump PERSON · 8× Kavanaugh PERSON · 5× The Supreme Court ORG · 5× Alito PERSON · 3× Snead PERSON · 3× Clarence Thomas PERSON · 2× Fox News Digital ORG · 2× Postal Service ORG · 2× USPS ORG · 2× the Postal Service’s ORG · 2×

Narrative

Iowa Solicitor General Eric Wessan also pointed to timing as a major factor, noting that earlier litigation and an injunction in Massachusetts delayed the Postal Service’s ability to publish the final rule. "So I'm not surprised now, close to the deadline when ballots have to go out to people that the Supreme Court took the approach of maintaining the status quo, although I think that Justice Alito's dissent highlights a lot of issues with the approach taken by the majority, and I would not be sure that the same result would be what the Supreme Court reaches in advance of, for example, the 2028 election," Wessan said.
framing: assertive · carried by 1 article(s) · first seen 2026-09-17
🔮 "I would note though that Justice Kavanaugh threw the government a lifeline by saying that he views it as likely that they do have the statutory authority.

Claims (38 extracted, 7 hedged)

Brett Kavanaugh, President Donald Trump's "hero" Supreme Court justice, isn't closing the door on the United States Postal Service (USPS) enacting Trump's ballot-mail rules in the future, although he agreed with the majority that implementing them ahead of the 2026 midterm elections is too soon. asserted
implementing → close → elections
"In my view, based on the briefing the Court has received at this interim stage, there is at least a fair prospect that the final rule falls within the Postal Service’s statutory authority," Kavanaugh wrote in his concurring opinion in United States Postal Service, et al. v. California, et al. asserted
Kavanaugh → base → Service
The concurrence comes roughly three months after Kavanaugh laid out a legal pathway for Trump to implement his executive order curtailing birthright citizenship in his concurrence in Trump v. Barbara. asserted
Trump → come → Barbara
Kavanaugh also offered a blueprint for implementing Trump's sweeping tariffs in his dissent in Learning Resources, Inc. v. Trump. asserted
Kavanaugh → offer → Trump
"I would note though that Justice Kavanaugh threw the government a lifeline by saying that he views it as likely that they do have the statutory authority. asserted
they → note → authority
And I think if you read the dissent, you can see where Justices Thomas and Alito are on questions like that as well," Jason Snead, executive director of Honest Elections Project, told Fox News Digital. asserted
Snead → think → Digital
The Supreme Court on Monday denied the Trump administration’s emergency request to lift a lower court injunction blocking the U.S. Postal Service rule, ruling that the government was "unlikely to succeed on the merits" of its challenge. asserted
government → deny → challenge
The decision leaves the rule blocked for the 2026 midterms after ballots have already been sent. asserted
ballots → leave → midterms
But as the litigation continues, the case could return to the Supreme Court. uncertain
case → continue → Court
"I think there's a fair chance that it winds back up in front of the Supreme Court eventually," Snead told Fox News Digital. asserted
Snead → think → Digital
A dissent written by Justice Samuel Alito and joined by Justice Clarence Thomas also raised questions about whether the policy could ultimately survive the legal challenge and take effect before 2028 " uncertain
policy → write → 2028
I do think that as a practical matter, the rule is not going to be implemented in time for the midterms. asserted
rule → think → midterms
I think that's a done deal at this point. asserted
that → think → point
But I do hold out hope that there will be some additional litigation over this that could allow this rule to be implementing ahead of the 2028 presidential election," Snead said. uncertain
Snead → hold → election
The Postal Service rule requires federal ballot-mail envelopes to include an election-mail logo, be scannable by high-speed processing equipment, and carry a specialized barcode unique to each voter. asserted
rule → require → voter
States would also have to upload certain voter information to a Postal Service portal. asserted
States → have → portal
A coalition of 24 Democratic state attorneys general sued the Trump administration, alleging the rule violates the Constitution's Elections Clause, which grants Congress the power to regulate elections. asserted
which → sue → elections
The Trump administration argued the USPS is regulating the mail, not election procedures. asserted
USPS → argue → mail
"So this case is still alive and well, and I think that Kavanaugh has given us all some hope that as it progresses eventually, this rule might be allowed to go into effect hopefully in time for the 2028 election since the left has successfully killed it for 2026," Snead continued. uncertain
Snead → think → 2026
Iowa Solicitor General Eric Wessan also pointed to timing as a major factor, noting that earlier litigation and an injunction in Massachusetts delayed the Postal Service’s ability to publish the final rule. "So I'm not surprised now, close to the deadline when ballots have to go out to people that the Supreme Court took the approach of maintaining the status quo, although I think that Justice Alito's dissent highlights a lot of issues with the approach taken by the majority, and I would not be sure that the same result would be what the Supreme Court reaches in advance of, for example, the 2028 election," Wessan said. asserted
Wessan → point → election
Alito, joined by Justice Clarence Thomas, dissented, arguing that the government had made the necessary showing for a stay. asserted
government → join → stay
He also questioned whether some plaintiffs had standing and described that those plaintiffs relying on a "Hail Mary pass" the Supreme Court has previously said "rarely succeeds." " asserted
Court → question → pass
The hail mary passes seem to be succeeding to a certain extent," Wessan said. asserted
Wessan → seem → extent
"So the president's executive order was issued five months ago, and the injunction followed pretty shortly after. asserted
injunction → issue → ?
And as the Supreme Court recognized in the litigation earlier, that injunction against the executive order was improper. asserted
injunction → recognize → order
" "But the amount of time that it took to get that resolved by the Supreme Court put the Postal Service in a very tough spot timing-wise with rolling it out for the election coming up in November, especially because states are on the verge of having to send ballots out, whether to the armed services or otherwise," Wessan continued. asserted
Wessan → take → services
Abhishek Kambil said the lack of a fuller explanation from the court’s majority stood out to him. asserted
lack → say → him
"I think the biggest surprise was the fact that it came with an unreasoned order, especially right after they granted a stay in Missouri, which was also on an unreasoned order. asserted
which → think → order
So, in cases like this, where there's a lot at stake, you would hope that in in in a stay opinion that the Supreme Court would explain its reasoning," Kambil said. asserted
Kambil → be → reasoning
"So, I think the biggest thing that surprised me was the lack of explanation, especially given Justice Alito had a pretty methodical dissent explaining all the ways the majority got wrong, and we don't know exactly how the majority decided to deny the stay," Kambil told Fox News Digital. asserted
Kambil → think → Digital
Wessan said that he expects the rule to remain sidelined this year while leaving open the possibility of a different outcome later. asserted
rule → say → outcome
"This rule won't be in effect for the 2026 election, but it very well may end up in effect for the 2028 election, and this is just one of many actions the administration is taking to help with voter integrity," Wessan said. uncertain
Wessan → end → integrity
Snead argued that without a looming election, Democratic states may have a tougher time fighting against implementing the USPS rules. uncertain
states → argue → rules
"So they're going to have a difficult time and a steeper hill to climb if they're trying to explain in 2027, for instance, why they can't possibly comply with basic rules like this over a two-year time frame," Snead told Fox News Digital. uncertain
Snead → go → Digital
"And just so folks understand what we're talking about. asserted
we → understand → what
We're talking about taking best practices about mail ballot envelope design that have been long standing and making that mandatory guidance. asserted
that → talk → design
"And we're also talking about getting lists of eligible mail voters that states already have so that the Postal Service can essentially create manifests and that will allow them to know who they're sending ballots to and it will allow those ballots to be tracked. asserted
ballots → talk → ballots
So this is a very basic, very simple thing," Snead continued. asserted
Snead → continue → ?
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