This close to the election, it’s probably not the best politically strategic moment to complain about a Supreme Court Justice President Trump appointed, but this must be noted. Brett Kavanaugh joined the progressive Justice, including Chief Justice John Roberts, in upholding a clearly unconstitutional decision to allow mail-in ballots to be cast for six extra days.
According to Townhall:
The Supreme Court of the United States on Wednesday decided to uphold the North Carolina State Board of Elections’ decision to extend the state’s mail-in ballot deadline from three to nine days. The decision was made because of the Wuhan coronavirus pandemic.
In order to count, ballots have to be postmarked on or before Election Day, but election officials must receive that ballot by 5 p.m. on Nov. 12.
The main question surrounding the case was whether or not the State Board of Elections had the authority to make deadline changes without consent from the North Carolina state legislature.
The decision was made 5-3, with newly-confirmed Justice Amy Coney Barrett sitting out “because of the need for a prompt resolution and because she has not had time to fully review the parties’ filings,” court spokeswoman Kathy Arberg told the Associated Press.
Chief Justice John Roberts and Justice Brett Kavanaugh joined Justices Stephen Breyer, Sonia Sotomayor, and Elena Hagan in upholding the extension. Justices Samuel Alito, Neil Gorsuch and Clarence Thomas dissented.
This is a very poor decision, and not for political reasons. The State Board of Elections does not have the authority to change such things under the North Carolina constitution. Their administrative role is to ensure enforcement of election laws made by the legislature, and such a law for mail-in ballot extensions has not been made. One can argue that the Supreme Court can only look at the U.S. Constitution in making their decision, but that’s not necessarily the case as has been demonstrated on multiple occasions.
Brett Kavanaugh may generally side with the originalists on the court, but will he do it when it counts. This is a minor betrayal, but what will he do when significant cases are brought before him?
COVID-19 may take down an independent news outlet
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