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YES!!! JUDGE ISSUES *PERMANENT* INJUNCTION AGAINST TRUMP’S EXECUTIVE ORDER THAT MIRRORED THE SAVE ACT
by Anne P. Mitchell, Esq. – only me, under my own name, never AI – never anonymous, giving you the facts and the truth.
What a great day! First 101 former judges ask the New York State bar to punish Todd Blanche (ok, that actually happened yesterday afternoon but I wrote it up today), and then – just hours ago – a judge issued a *permanent* injunction against Trump’s executive order “Preserving and Protecting the Integrity of American Elections”.
You would be forgiven if you had forgotten about this executive order, it was, after all, issued more than a year ago, and most of the chatter about Trump’s efforts to SAVE our elections (see what I did there?) has been about the SAVE Act, which was Trump’s effort to do the exact same thing by trying to get Congress to pass a law that mirrored his executive order.
In other words, he was trying to do the same thing through two different channels.
In fact, *just today*, Trump announced that he wasn’t going to sign the *bipartisan* housing bill into law unless Congress passes his SAVE Act. (To that I say, as I’ve said many, many times before, in trying to calm people down who were freaking out about the SAVE Act, not gonna happen.)
Anyways, the “Preserving and Protecting the Integrity of American Elections” executive order was basically a mirror image of the SAVE Act, with all of the same horrible provisions, including the ID requirements, and the disallowing mail-in ballots that were mailed by Election Day but not received until after Election Day.
To the latter, the Court said that “the undisputed record shows that disqualifying ballots that are postmarked by Election Day but arrive thereafter would disproportionately harm military voters, elderly voters, voters with disabilities and voters in rural areas, all of whom face unique obstacles to mailing access and service.”
The Court also cited a 2024 study done *by the Post Office* finding that ‘during California’s most recent Statewide Special Election, 13,909 vote-by-mail ballots with a postmark on or before Election Day arrived on the sixth day after Election Day and an additional 5,804 timely postmarked vote-by-mail ballots arrived on the eighth day after Election Day.”
But best of all, the *overall* finding was that… say it with me… the *states* control the elections, *not* the federal government, and certainly not the president. It’s *right* in our Constitution.
In fact, the Court found that Trump had acted *outside* the law – outside his legal authority (ultra vires) – by issuing that executive order. This is one of the reasons that it’s ok that, as you will see when you read the opinion and order, the injunction and enjoined actions are all prefaced with “The Court PERMANENTLY ENJOINS Defendants, except President Trump,” – because by definition he’s not allowed to do it.
Put another way, these actions are *outside the scope of his duty as president* (watching many of you have an “aha!” moment).
As Judge Casper says in this decision, and quoting the Supreme Court, “the President’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.”
In other words, you’re supposed to make sure that the laws are upheld, bucko, not make the laws. It’s *Congress* that gets to make the laws, and they aren’t having your bogus voter ID and mail-in voting suppression either.
I keep telling people that executive orders are *not* law. Now this court has made sure that this administration understands that too.
Executive orders are marching orders to the agencies and their agents – the injunction orders those agencies and their agents to *not* carry out those orders.
Notes from the Front members, this awesome opinion and order is in your inbox now.
SPECIAL NOTE!
*If you’re not a Notes from the Front member please do think about joining and supporting my efforts to keep publishing the facts and truth – you can join right here for $5 a month and get instant access to the documents. But wait! There’s more! For the next 48 hours you can try it for *free*! Sign up and get the first week free! After that, if you decide to stay, your $5 a month buys me one coffee a month. :~)
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P.S. If you actually read all the way to the bottom please leave a comment that includes the word “bucko”. It will show me that my efforts aren’t in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering just why everyone is saying “bucko”! ;~)
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