Brett Kavanaugh Suggests State Judges Should Be Blocked From Protecting Voting Rights: Analysis

Ron Delancer

On Monday, the conservative-leading Supreme Court rejected a push to expand Wisconsin’s ballot processing deadline so that votes received after Election Day will count, as long as they are postmarked by the proper day.

But Slate legal journalist Mark Joseph Stern reported that Justice Brett Kavanaugh suggested he would have been willing to take it one step further.

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According to Stern, Kavanaugh suggested that he would embrace a legal theory saying that not only should federal judges be blocked from expansion of voting rights ahead of elections, but state judges should be as well.

Stern notes that Kavanaugh’s theory was suggested by right-wing former Chief Justice William Rehnquist in the Bush v. Gore ruling that decided the 2000 presidential election.

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