Democrats and civil rights advocates are up in arms over an opinion by Justice Brett Kavanaugh that they say gives credence to one of President Trump’s more pernicious falsehoods about voting — that mail ballots received after Election Day are somehow more prone to fraud.
Kavanaugh, a Trump appointee, wrote his own concurring opinion in the court’s decision on Monday preventing absentee ballots from being counted in Wisconsin if they are received after Election Day. He went further than his fellow members of the court’s conservative wing, arguing that accepting ballots after Nov. 3 could lead to “chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of an election.”
Justice Elena Kagan wrote in dissent of Kavanaugh’s opinion, stating that “there are no results to ‘flip’ until all valid votes are counted.”
- NYT