In a recent decision concerning whether or not Wisconsin can count votes with a pre-election postmark, but received post-election, Associate Justice Kavanaugh made a mistake in reference to Vermont election law, and the Vermont Secretary of State requested it be resolved:
We have formally requested that #SCOTUS correct the erroneous claim by Justice Kavanaugh that #VT has not changed voting procedures for the #2020Elections due to #COVID19. When it comes to issuing decisions on the voting rights of American citizens, facts matter. pic.twitter.com/cWvAJTuIEl
— Vermont Secretary of State’s Office (@VermontSOS) October 28, 2020
Which wouldn’t be so bad, except that it appears that Kavanaugh’s opinion is riven with errors, as Mark Joseph Sterns spells out. and (I haven’t read this) Tierney Sneed also noted.
In view of these flaws, along with the pure insanity of the decision as I detailed here, and since Vermont doesn’t have a finger in the litigation, perhaps a second letter, requesting the Associate Justice change his vote, is in … order?
It may not be legally possible, but it’ll focus yet more attention on a badly flawed decision which is hostile to voters, regardless of political persuasion.
