Report: Kavanaugh Caught Lying In SCOTUS Opinion Against Pandemic Voting Access

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Justice Brett Kavanaugh said Vermont has not changed its voting rules amid the pandemic, but this is untrue.

Supreme Court Justice Brett Kavanaugh issued a concurring opinion with his vote against Wisconsin counting mail-in ballots that arrive after Election Day, and in so doing the Trump appointee made an error fact.

  • RawStory reported that “Sam Levine, a voting rights reporter for the Guardian, noted Kavanaugh was inaccurate in his concurring opinion.”

  • Kavanaugh wrote that “Other states, such as Vermont, by contrast, have decided not to make changes to their ordinary election rules”; however, this is untrue.
  • In fact, “on July 2nd the legislative bill S.348 became law in Vermont. The bill was titled, ‘An act relating to temporary elections procedures in the year 2020,’” RawStory noted.

The good-government group VPIRG explained the importance of the bill.

“On Friday, Governor Phil Scott allowed S.348 to become law without his signature. This law grants full authority to the Secretary of State to mail all registered voters a ballot for this year’s General Election in November. This law finally makes it possible for Vermont to move forward with a vote-by-mail system, which is the safest way for citizens to cast their ballot during the pandemic,” VPIRG explained.

  • Kavanaugh also mischaracterized the writing of a legal scholar in order to back up his assertion that late-arriving ballots should not be counted, as picked up by CNN’s Marshal Cohen.
  • Cohen tweeted: “Kavanaugh ruled AGAINST the six-day extension for Wisconsin to accept ballots postmarked by Election Day. He cited an article from legal scholar (and CNN contributor) Rick Pildes. But in that article, Pildes says states SHOULD extend postmark deadlines.”


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