Justice Brett Kavanaugh
Brett Michael Kavanaugh Media Circle Wagons for Conspiracy Theorist Neera Tanden The January 6 Case for Senate Filibuster Laurence Tribe Terminates: Justice Thomas is Out of Action in 2020 MORE Conservatives were upset this week when he cast the decisive vote preventing the Supreme Court from pursuing pro-Trump election lawsuits.
Kavanaugh’s apparent break with the three strongest conservatives of the court – Justices Clarence Thomas
Clarence Thomas Laurence Tribe: Justice Thomas is out of action in the 2020 election, the Supreme Court will not review the GOP election case in Pennsylvania. A powerful tool to tackle the Supreme Court – if Democrats use it MORE correctly, Samuel Alito
Samuel AlitoLaurence Tribe: Judge Thomas is out of action in the 2020 election, the Supreme Court will not review the GOP election proceedings in Pennsylvania. A powerful tool to tackle the Supreme Court – if Democrats use it MORE correctly and Neil Gorsuch
Neil Gorsuch The January 6 case for Senate filibuster Laurence Tribe ends: Justice Thomas is out of action in the 2020 election, McConnell supports Garland for attorney general MORE – apparently caught his colleagues by surprise and upset some political right-wingers who saw the move as a betrayal.
Thomas said in a disagreement that he was “confused” by the court’s unwillingness to address the disputes, as four judges – including Kavanaugh – indicated at the end of October their view that the Trump challengers were likely to appeal. will win.
‘One wonders what this court is waiting for. We could not resolve this dispute before the election, and therefore provide clear rules, ‘Thomas wrote in what some analysts saw as a thinly veiled swing towards Kavanaugh. “We can no longer provide clear rules for future elections. The decision to keep the election law hidden under a swindle of doubt is staggering. ”
Alito and Gorsuch on Monday wrote separate deviations from the court’s denial, but made it clear that they agree with Thomas. The dissenting judges indicated that the dispute would not disrupt the outcome of the 2020 presidential election.
As usual, the judges did not give the public a full picture of how they voted on the petitions, or their reasoning. But the differences of opinion by Thomas, Alito and Gorsuch strongly suggested that Kavanaugh had lost his appetite to enter into dialogue with the election-related disputes.
If that’s the case, Kavanaugh’s vote this week reversed his previous position. In the run-up to the November election, he joined Thomas, Alito and Gorsuch among the Republicans of Pennsylvania in their need to withdraw the accommodation of voters who Trump claims were illegal.
Anthony Sanders of the Libertarian Institute for Justice, a litigation firm, said the conservative judges’ differences of opinion appeared on Kavanaugh’s apparent flip-flop.
“Thomas, Alito and Gorsuch still look ‘befuddled’ and ‘stunned’ by Justice Kavanaugh today,” Sanders wrote on Twitter. “He voted with them last fall to take up a case on the scope of the ‘legislative clause,’ but oddly enough, he is absent in granting certification in the Pennsylvania case.”
The editors of the Wall Street Journal also directly called on Kavanaugh in an article that exploded in court for failing to put an end to what he described as ‘election anarchy’.
‘[W]here Judge Brett Kavanaugh strayed as he was the fourth to vote in October? Wrote the editors.
In their petition, the Republicans of Pennsylvania argued that the U.S. Constitution gives state lawmakers the sole power over elections in Keystone State. If the judges accepted this view, it would mean that accommodation from the pandemic such as extended postal voting instituted by the Minister of Foreign Affairs was unconstitutional.
Kavanaugh seemed sympathetic to the argument in October. After the death of Justice Ruth Bader Ginsburg
Ruth Bader Ginsburg McConnell supports Garland for Attorney General A powerful tool to tackle the Supreme Court – if Democrats use it right, Fauci says he was nervous about capturing COVID-19 in Trump White House MORE., Kavanaugh joined the court’s three conservative stalwarts to join the Pennsylvania GOP to stop the new voting rules. The court’s 4-4 draw left the residence intact through the November 6 election.
Some see a connection between Kavanaugh’s heart change Monday and the January 6 uprising at the Capitol, fueled by Trump’s disinformation.
Julie Kelly, a fierce Trump defender and self-described ‘agitator’, accuses Kavanaugh, a Trump nominee, of cowardice in the face of pressure from Democrats and the news media.
“One can only assume since Kavanaugh changed his position on Pennsylvania before the election, the threats to promote a ‘Big Lie’ over election fraud have fallen on him,” Kelly wrote in the hard-hitting legal publication American Greatness .
Rick Hasen, an election law expert and professor of law at the University of California, Irvine, gave two guesses as to why the court avoided hearing the election lawsuits. Whether the judges have lost interest in the disputes as it is now difficult, he said, or that the court is staying away because the Trump cases are considered “somewhat radioactive.”
‘Given former President Trump
Donald TrumpNo calls for South Dakota’s coronavirus response, locks CPAC speech on track: Cuomo and Newsom – a story of two fighting governors McCarthy: ‘I would bet my house’ GOP takes lower chamber in 2022 back MOREIf the false statements that the election was stolen are continued, the case will become a further means of arguing that the election results are illegal, “Hasen wrote on the Election Law Blog. “This will put the court back in the spotlight on an issue that the judges have repeatedly shown they wanted to avoid.”
After Trump’s election defeat, he and his allies set an awful record in court while trying to undermine. President Biden
Joe BidenNoem tells the response to the coronavirus in South Dakota, and includes blockades in CPAC speech on the trail: Cuomo and Newsom – a story of two fighting governors Biden celebrates vaccine approval, but warns that current improvement ‘MORE can stop ‘win by lawsuits after the election. The Supreme Court has so far refused to deal with about a dozen such cases.
In all, the court on Monday denied appeals in eight election-related lawsuits filed by Trump or his allies. Many of the cases have encouraged the judges to erase the legitimate gray area over which state government has the power to conduct elections.
However, the court did not approve the case of lawsuits after the election. The judges will discuss on Friday a Trump challenge to Wisconsin’s postal policy, and Kavanaugh may face renewed pressure to hear the case.