If at First You Don’t (Constitutionally) Succeed, Try, Try Again

According to Mary and Andrew, recent moves by President Trump’s administration have been following a pattern: “If at first you don’t succeed, try, try again.” The co-hosts begin by breaking down the flurry of news surrounding mail voting, starting with Monday afternoon’s decision by the Supreme Court to allow President Trump’s executive order curtailing mail voting to proceed, though not issuing a decision on the merits of the order. They discuss that decision in conjunction with the Postal Service’s announcement on Friday for a final rule that would comply with the executive order, a move that Andrew calls a proxy for the government to “have the Postal Service act in a way that has a clearly disproportionate impact on certain voters.” Then, a conversation about birthright citizenship after a motion was filed yesterday rejecting Trump’s executive orders that attempt to limit the legal principle. Plus, an analysis of the Second and Ninth Circuit Court’s rulings disqualifying U.S. Attorneys that were improperly appointed by Trump and a quick nod to Minnesota suing the governor of Texas for not extraditing an ICE agent accused of shooting a man in Minneapolis. 

Tune in next week as we switch to Wednesday morning releases — and catch video editions of Main Justice on YouTube the same day.

A Note to Listeners: As the 2026 midterm elections heat up, MS NOW is headed to the Lone Star State. Join more than a dozen of your favorite hosts - including Rachel Maddow, Lawrence O'Donnell, Jen Psaki, Michael Steele, Ali Velshi and more - in Arlington, Texas on September 26 for a day of community and conversation about the issues that matter most to you. Get your tickets at ms.now/together. 

Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.