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Excerpt: "An opinion by Justice Brett M. Kavanaugh set off alarms among civil rights and Democratic Party lawyers, who viewed it as giving public support to President Trump's arguments that any results counted after November 3 could be riddled with fraudulent votes - an assertion unsupported by the history of elections in the United States."

Brett Kavanaugh. (photo: Chip Somodevilla/Getty Images)
Brett Kavanaugh. (photo: Chip Somodevilla/Getty Images)


Kavanaugh's Opinion in Wisconsin Voting Case Raises Alarms Among Democrats

By Jim Rutenberg and Nick Corasaniti, The New York Times

28 October 20


The Supreme Court justice’s suggestion that ballots arriving after Election Day could “flip the results” left voting rights activists concerned about how the court might rule in postelection fights.

he Supreme Court decision on Monday barring the counting of mail-in ballots in Wisconsin that arrive after Election Day was not a surprise for many Democrats, who had pressed for it but expected to lose.

But a concurring opinion by Justice Brett M. Kavanaugh set off alarms among civil rights and Democratic Party lawyers, who viewed it as giving public support to President Trump’s arguments that any results counted after Nov. 3 could be riddled with fraudulent votes — an assertion unsupported by the history of elections in the United States.

The decision also unnerved Democrats and local election officials in Pennsylvania, where Republicans are asking the Supreme Court to weigh in again on whether the state can accept ballots received up to three days after Election Day. While Democrats in Wisconsin had been appealing for an extension, the current rules in Pennsylvania allow for ballots to arrive three days after the election. Any change could threaten the more than 1.4 million absentee ballots not yet returned.

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