Why critics find Kavanaugh's Wisconsin mail-in voting opinion 'sloppy'

Tim O'Donnell

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.

Finally, analysts called Kavanaugh out for apparently misreading a source that influenced his decision.

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