Legal: Justices Brett Kavanaugh & Elena Kagan had differing opinions over Supreme Court’s decision on Wisconsin mail-in ballots

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Justices Brett Kavanaugh and Elena Kagan had differing opinions over Supreme Court’s decision on Wisconsin mail-in ballots

On Monday, the US Supreme court ruled in a 5-3 vote that Wisconsin cannot count mail-in ballots that arrive after Election Day. Justice Brett Kavanaugh offered his reasons against extending the deadline in a concurrence, arguing that “under the US Constitution, the state courts do not have a blank check to rewrite state election laws for federal elections” and suggesting that “chaos and suspicions of impropriety” could ensue if “thousands of absentee ballots flow in after election day and potentially flip the results of an election.” In a dissent, Justice Elena Kagan argued that “there are no results to ‘flip’ until all valid votes are counted,” adding: “Nothing could be more ‘suspicio[us]’ or ‘improp[er]’ than refusing to tally votes once the clock strikes 12 on election night.”





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