PBS News Hour host Geoff Bennett, The Atlantic staff writer David Brooks, and MS NOW host Jonathan Capehart assembled on Friday to recap the week’s news, which featured them developing a newfound respect for federalism and the Tenth Amendment as President Trump’s executive order about the Postal Service and voting by mail makes its way through the courts.
Bennett began with Brooks, the supposed conservative of the Brooks and Capehart duo, and declared, “Well, this week, the U.S. Supreme Court, as you both well know, they cleared a path for President Trump's executive order restricting mail voting without deciding whether the order itself is legal. And then you had this federal judge lift another block. And then the Postal Service, they have rules that are already in effect with ballots set to go out as soon as September 4.”
PBS News Hour host Geoff Bennett finds a newfound respect for federalism on Trump's Post Office Mail Voting executive order, "David, the key question here is this. The Constitution gives the power to the states to administer elections with Congress empowered to override them in… pic.twitter.com/dNyfc83Scq
— Alex Christy (@alexchristy17) August 29, 2026
Before getting to any Tenth Amendment question, it should be noted that the executive order does not restrict mail voting so much as adds various security measures to the process.
Nevertheless, Bennett was certain that any supportive conservatives were being hypocritical, “And, David, the key question here is this. The Constitution gives the power to the states to administer elections with Congress empowered to override them in certain circumstances. It does not give that authority to the president. So what is the conservative argument? Is there a conservative argument for President Trump trying to assert all of this through executive action?”
Brooks replied, “Wow. I have got to come up with a creative, like—wow, this is like the toughest question you have ever asked me in my life. Yeah, there is no conservative argument. The conservatives are supposed to believe in federalism, that, with the Tenth Amendment or whatever it is, the states have the power to do this, and the federal government does not get to control everything.
If one were to rewind to January 2022, they would find Brooks not only singing a different tune on federalism but also endorsing the idea that Democrats’ “voting rights” agenda was so important that it required an exemption to the Senate’s filibuster rules. Capehart, naturally, also supported such a “carve-out.”
Back in 2026, Brooks continued doom-mongering:
And so the things that I find startling, let's put it that way, is first, if—the Postal Service threatening to not deliver mail in states that don't comply, like, when does the Postal Service get to decide whose mail to deliver? This is a public good. And, second, if power does get vested in the federal government, no one should think that Donald Trump won't use this authority. He will absolutely use this authority. And so it really is an attempted federal takeover of a job the states have been doing pretty well.
Bennett then turned to Capehart with a question about strategy, “And the question for Democrats always seems to be, what are Democrats going to do about it? Because Republicans don't see it in their own personal interests, elected Republicans on the Hill, to do anything at the moment.”
Capehart began his response by declaring, “Well, that's why you have seen Democratic governors and Democratic secretaries of state, the moment the president does anything, related to anything, but particularly when it comes to voting, they are in court immediately.”
He then urged the Supreme Court to strike down the executive order quickly and unanimously, “And so they're still in court over this. And if the conservatives on the Supreme Court are truly conservative, when the ultimate question of the legality gets to them, it should not take them but two minutes, if that, to come back with a unanimous decision, all six conservatives joining the three liberals on the bench, saying, ‘This is not legal, Mr. President.’ But, you know, hope springs eternal.”
This whole segment was about alleged conservative hypocrisy, but Brooks and Capehart have both clearly switched their opinions on the constitutional question. Before accusing the administration, conservatives, or the Supreme Court of hypocrisy, they should look at themselves in the mirror.
Here is a transcript for the August 28 show:
PBS News Hour
8/28/2026
7:36 PM ET
GEOFF BENNETT: Well, this week, the U.S. Supreme Court, as you both well know, they cleared a path for President Trump's executive order restricting mail voting without deciding whether the order itself is legal. And then you had this federal judge lift another block. And then the Postal Service, they have rules that are already in effect with ballots set to go out as soon as September 4.
And, David, the key question here is this. The Constitution gives the power to the states to administer elections with Congress empowered to override them in certain circumstances. It does not give that authority to the president. So what is the conservative argument? Is there a conservative argument for President Trump trying to assert all of this through executive action?
DAVID BROOKS: Wow. I have got to come up with a creative, like—wow, this is like the toughest question you have ever asked me in my life. Yeah, there is no conservative argument. The conservatives are supposed to believe in federalism, that, with the Tenth Amendment or whatever it is, the states have the power to do this, and the federal government does not get to control everything.
And so the things that I find startling, let's put it that way, is first, if—the Postal Service threatening to not deliver mail in states that don't comply, like, when does the Postal Service get to decide whose mail to deliver? This is a public good.
And, second, if power does get vested in the federal government, no one should think that Donald Trump won't use this authority. He will absolutely use this authority. And so it really is an attempted federal takeover of a job the states have been doing pretty well.
BENNETT: And the question for Democrats always seems to be, what are Democrats going to do about it? Because Republicans don't see it in their own personal interests, elected Republicans on the Hill, to do anything at the moment.
CAPEHART: Well, that's why you have seen Democratic governors and Democratic secretaries of state, the moment the president does anything, related to anything, but particularly when it comes to voting, they are in court immediately.
And so they're still in court over this. And if the conservatives on the Supreme Court are truly conservative, when the ultimate question of the legality gets to them, it should not take them but two minutes, if that, to come back with a unanimous decision, all six conservatives joining the three liberals on the bench, saying, “This is not legal, Mr. President.” But, you know, hope springs eternal.
