WCPT 820 Interview: Steven D. Scwhinn

Joan Esposito is joined by Professor Steven D. Schwinn of the University of Illinois Chicago School of Law. He discusses the legal challenges regarding Donald Trump's executive order aimed at regulating mail-in voting and potential methods for Supreme Court reform. Trump's Mail-In Voting Executive Order- Professor Schwinn explains that an executive order issued by President Trump in March 2026 attempted to regulate mail-in voting nationwide.- The order directed the Department of Homeland Security to compile and share voter lists with states, which Schwinn notes is unusual as states typically manage these lists.- The order also instructed the USPS to create specific envelope designs for ballots and required states to register all qualified voters with the Postal Service.- Under this scheme, the USPS would be prohibited from delivering any mail-in ballots that did not follow the new design or match the submitted voter list.Legal Challenges and Supreme Court Rulings- A federal court initially ruled the executive order unconstitutional because it exceeded presidential authority, but the government appealed to the Supreme Court.- The Supreme Court ruled that states like Illinois lacked standing because they could not prove immediate harm before the regulations were fully implemented.- Schwinn argues that because this was a "ripeness" issue, the administration successfully delayed legal challenges until it was nearly too late for states to react.- Following the Supreme Court's recent ruling, states have refiled a new challenge based on actual USPS regulations, which may provide better grounds for standing.Constitutional Authority and Election Law- Schwinn clarifies that according to the Electors Clause, states hold primary responsibility for regulating elections and maintaining voter lists.- Congress has the authority to "regulate the times, places, and manner of federal elections"; such power does not extend unilaterally to the president.- Current laws like the National Voter Registration Act place registration duties on states rather than the federal government.The Complexity of Legal Timing Strategies- The administration used a strategy where they waited until just before implementation to move forward, making it difficult for states to sue early.- States face a "narrow window" for litigation due to both standing requirements on one side and the so-called Purcell principle on the other.- The Purcell principle prevents federal courts from changing election rules too close to an election date to avoid voter confusion.- Schwinn suggests that many believe this complex legal maneuvering was intentionally designed to create widespread voter confusion.Judicial Integrity and Reform Proposals- Justice Ketanji Brown Jackson wrote a dissent criticizing how the administration appeared to be playing both sides of judicial proceedings.- The discussion addresses Chief Justice John Roberts' role with Schwinn pointing out that Roberts is "very, very conservative," despite being viewed as more moderate than Justices Alito or Thomas. "I mean, this is somebody who has a public record going all the way back to the '80s that demonstrates exactly what he's wanted to do and what his agenda is, and we really shouldn't be surprised by anything that he does," Schwinn told WCPT.  - Regarding Supreme Court reform, Schwinn mentions that Congress holds significant power through funding and setting appellate jurisdiction.- As a potential solution for reform, Schwinn says, "I'd write a law that reforms the court and then specifically divests the Supreme Court of appellate jurisdiction over ruling on that law, which Congress can do, and that would mean that the law would go into effect, and that Congress could divest not only the Supreme Court but the lower courts of jurisdiction to hear challenges to the law." Catch "Joan Esposito: Live, Local and Progressive" weekdays from 2:00 to 5:00 p.m. Central on WCPT (heartlandsignal.com/programs/live-local-progressive).   Follow us: Website: https://heartlandsignal.com WCPT Facebook: https://www.facebook.com/WCPT820 Heartland Signal Facebook: https://www.facebook.com/HeartlandSignal Tiktok: https://www.tiktok.com/@heartlandsignal  Heartland Signal X: https://x.com/HeartlandSignal WCPT 820 X: https://x.com/WCPT820 Instagram: https://www.instagram.com/heartlandsignal Threads: threads.com/@heartlandsignal YouTube: https://www.youtube.com/@heartlandsignalSee omnystudio.com/listener for privacy information.