In a new op-ed published in The Guardian, CERL Faculty Director Claire Finkelstein argues that last week’s Supreme Court decision in USPS v. California, while a temporary victory for midterm election integrity, is not a durable success. Although the Court ruled that the attempt to change mail-in ballot rules came too close to the elections to be upheld, the justices did not substantively take up the issue of the U.S. Postal Service’s authority to change mail-in voting rules in general. The issue will likely arise again after the midterms, and Professor Finkelstein notes that justices’ inconsistent treatment of independent agency authority in the past means that a similar case in the future could end in widespread disenfranchisement.

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule of Law. Read her bio here.

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.