Brett Meiselas

speaker

22,416 appearances 40 recordings 1 series first heard Jul 2025 last heard 15 Sep

Brett Meiselas’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 36 in all, peaking in Nov 2025 with 9.

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The MeidasTouch Podcast · BREAKING: Supreme Court Blocks Trump Mail-In Ballot Scheme · 15 Sep 2026 podcast

You can't just go around the legal process. matched

So matched

As you then kind of read more of this dissent over here, they go, since plaintiffs cannot proceed under the Administrative Procedures Act, they must instead invoke an equitable cause of action because such claims rely on judicially implied causes of action and may be used to do end run around statutes created by Congress that restrict judicial review matched

The court cases have strictly limited non-statutory ultra vires review to a narrow set of circumstances. matched

Crucially, the relevant agency action must be entirely in excess of the agency's delegated powers and contrary to a specific prohibition and statute. matched

Such a claim is thus essentially a Hail Mary pass that rarely succeeds. matched

And then it says, matched

Ultra virus claims are confined to extreme agency error where this agency has stepped so plainly beyond the bounds of its statutory authority or acted so clearly in defiance of it as to warrant the immediate intervention of a court in equity. matched

The Hail Mary Pass, Alito and Thomas argue, is unlikely to be successfully completed here. matched

The Postal Service has broad authority to regulate the mail. matched

It holds the general powers to adopt, amend, and repeal such rules and regulations not inconsistent with this title as may be necessary in the execution of its functions under this title. matched

If the questions of the Postal Service's power were before us in something other than the context of an ultra-virus claim, the government's argument would present a difficult question. matched

But here, the question is different. matched

In order to assert an ultra-virus claim, the plaintiffs must show that the challenge regulation matched

The envelopes here in order to assert an ultra virus claim, the plaintiffs must show that the challenge regulation of envelopes here is entirely in excess of the power to govern, collecting, handling, transporting and delivering, forwarding and returning of mail. matched

The same is true of the requirement to pass along information about each recipient of ballot mail. matched

At the very least, the Postal Service did not act contrary to a specific prohibition is what they're saying. matched

So do you see what they're arguing? matched

They're basically making an immunity argument by trying to say, because Congress said that the Administrative Procedures Act doesn't generally apply, you have to show that the conduct is so outside the bounds of what the post service does. matched

And because the Trump regime is trying to act like... matched

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