Why critics find Kavanaugh's Wisconsin mail-in voting opinion 'sloppy'
Supreme Court Justice Brett Kavanaugh's critics are perplexed by his concurring opinion following the court's 5-3 ruling that Wisconsin can only count absentee ballots that arrive by Election Day, describing his reasoning as "sloppy."
One of the accusations hurled at Kavanaugh is that 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.
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.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Finally, analysts called Kavanaugh out for apparently misreading a source that influenced his decision. Tim O'Donnell
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Tim is a staff writer at The Week and has contributed to Bedford and Bowery and The New York Transatlantic. He is a graduate of Occidental College and NYU's journalism school. Tim enjoys writing about baseball, Europe, and extinct megafauna. He lives in New York City.
-
Cicada-geddon: the fungus that controls insects like 'zombies'
Under The Radar Expert says bugs will develop 'hypersexualisation' despite their genitals falling off
By Chas Newkey-Burden, The Week UK Published
-
'Voters know Biden and Trump all too well'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Is the Gaza war tearing US university campuses apart?
Today's Big Question Protests at Columbia University, other institutions, pit free speech against student safety
By Joel Mathis, The Week US Published
-
Puffed rice and yoga: inside the collapsed tunnel where Indian workers await rescue
Speed Read Workers trapped in collapsed tunnel are suffering from dysentery and anxiety over their rescue
By Sorcha Bradley, The Week UK Published
-
More than 2,000 dead following massive earthquake in Morocco
Speed Read
By Justin Klawans Published
-
Mexico's next president will almost certainly be its 1st female president
Speed Read
By Peter Weber Published
-
North Korea's Kim to visit Putin in eastern Russia to discuss arms sales for Ukraine war, U.S. says
Speed Read
By Peter Weber Published
-
Gabon's military leader sworn in following coup in latest African uprising
Speed Read
By Justin Klawans Published
-
Nobody seems surprised Wagner's Prigozhin died under suspicious circumstances
Speed Read
By Peter Weber Published
-
Western mountain climbers allegedly left Pakistani porter to die on K2
Speed Read
By Justin Klawans Published
-
'Circular saw blades' divide controversial Rio Grande buoys installed by Texas governor
Speed Read
By Peter Weber Published