Brown Jackson Declines Trump Admin Request Over Mail-In Ballot Order

In the filing, Solicitor General D. John Sauer contended that the courts should not consider the states’ challenge until the agencies have finalized their implementation plans.

Sauer argued that even if the courts ultimately determine the states’ lawsuit is properly before them, Talwani’s order should be stayed because allowing it to remain in effect would cause what he described as “serious irreparable harm.”

“Even if the agencies’ implementation plans end up being entirely lawful,” Sauer wrote.

“There is not enough time to obtain ordinary appellate relief from the injunction in order to carry them out before the November election, especially given that any such plans will need to be implemented well before November given the timing of election procedures concerning voter-roll verification and mail voting,” Sauer added.

Jackson’s order requires states to respond to the government’s request by Aug. 13.