Kavanaugh Forced To Change Legal Opinion After Embarrassing Error


He was smoking and spitting fire when he addressed the Democratic senators during his Confirmation Hearing before the Senate Justice Committee on his way to the Supreme Court (SCOTUS). People just do not do that, because it demeans the decorum of the office he was seeking. But then-Judge Brett Kavanaugh performed his ballerina/wrestling dance for an audience of one.

Donald Trump wanted his second Supreme Court pick, credibly accused by a sexual trauma expert witness. She was also his victim, according to the BBC. At the time, she feared he was going to smother her to death as he lay on top of her, his hand on her mouth to keep her from screaming.

Committee Chair Senator Lindsey Graham (R-KY) led the Republican majority in confirming him to the nation’s highest court, the Supreme Court. Graham performed his infamous rabid-raccoon dance for the president, too. The minority Democrats argued, but to no avail. The Republicans should have listened to them.

Kavanaugh offered a controversial opinion Wednesday regarding mail-in voting. In that opinion, he made an error, according to CNN.

By Thursday, thousands of Pennsylvania’s voters had not received their mail-in ballots. They were also disproportionally Democratic voters. His careless writing revealed a serious mistake. Usually, SCOTUS justices are extremely thoughtful in their writings.

Supreme Court Justice Brett Kavanaugh changed a line in the very controversial opinion regarding Wisconsin’s mail-in voting. Vermont officials criticized him for saying their state did not change its elections rules just to accommodate the coronavirus pandemic. The high court is facing a number of voting appeals regarding voting access and mail-in ballots in the handful of days before the official election date.

That was unwise of the Supreme Court. Its voting decisions, which are in the states’ purview could easily change the high court into a feared political body.

Monday evening Kavanaugh wrote a concurring opinion:

‘The court rejected a Democratic bid to allow Wisconsin to count ballots returned up to six days after Election Day. Kavanaugh wrote a concurring opinion that cited Vermont as a state that hadn’t made changes to its “ordinary election rules.’

Vermont Secretary of State Jim Condos requested in a formal letter Wednesday, Kavanaugh to correct his opinion.

Condos explained Vermont’s significant changes in a formal letter to the justice, so he should correct the concurring opinion:

‘[Vermont had] for the first time sent mail-in ballots to every registered voter and also began counting votes earlier than in previous years. Those actions meant Vermont did not have to change its Election Day deadline to receive mail-in ballots.’


In his opinion, Kavanaugh chose Vermont as an example of a state “exercising its ability to change — or not change — election rules and deadlines.” [He] wrote on Monday: “

‘To be sure, in light of the pandemic, some state legislatures have exercised their Article I, §4, authority over elections and have changed their election rules for the November 2020 election. Of particular relevance here, a few States such as Mississippi no longer require that absentee ballots be received before election day. … Other States such as Vermont, by contrast, have decided not to make changes to their ordinary election rules, including to the election-day deadline for receipt of absentee ballots.’

The variation, Kavanaugh said:

‘[R]eflects our constitutional system of federalism. Different state legislatures may make different choices.’


‘Late Wednesday, without comment or explanation, Kavanaugh issued a revised opinion, changing the phrase “ordinary election rules” to “ordinary election-deadline rules.’

Kavanaugh’s corrected opinion read:

‘Other States such as Vermont, by contrast, have decided not to make changes to their ordinary election-deadline rules, including to the election-day deadline for receipt of absentee ballots.’

Kavanaugh instructed the states to make certain their mail-in ballots in officials’ hands by Election Day:

‘[I] want to avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after Election Day and potentially flip the results of an election.’

Featured image is a screenshot via YouTube.

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