6 votes

Why critics find Kavanaugh's Wisconsin mail-in voting opinion 'sloppy'

1 comment

  1. MonkeyPants
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    Criticisms have focused on three areas... This is relevant as the newly appointed supreme court folks will likely need to adjudicate the upcoming election and resulting changes to federal laws....

    Criticisms have focused on three areas...

    he confused receipt and submission deadlines while making his point. The Wisconsin case involved extending the former in light of U.S. Postal Service slowdowns, but Kavanaugh's analogies appeared more congruent with the latter. This analogy makes no sense. The WI deadline is receipt deadline, not a submission deadline. The in-person voting equivalent is if someone showed up at their polling place before it officially closed but — due to long lines — didn’t get to cast their ballot until after midnight.

    Kavanaugh was also criticized for his stance that the deadline should remain intact so that the "apparent winner" on the morning after election night doesn't have their victory overturned by late-arriving ballots, which could spark allegations of a "rigged election." In response, observers argued that declaring an election winner on Nov. 3 isn't necessary and that it's reasonable for close races in states to remain uncalled.

    analysts called Kavanaugh out for apparently misreading a source that influenced his decision.

    This is relevant as the newly appointed supreme court folks will likely need to adjudicate the upcoming election and resulting changes to federal laws. Three of the nine justices will have participated in litigation related to the only presidential contest to be decided by the high court and for Kavanaugh to be accused of sloppy work on such an important work is surely not going to help the powder keg index.

    Also, Kavanaugh tweaks voting opinion after Vermont official asks for correction

    It's a rare public correction by a justice that comes as the court is facing multiple appeals on voting access and mail-in ballots in the days before the presidential election.

    6 votes