Posts Tagged ‘Bret Kavanaugh’

Supremely Disingenuous

October 27, 2020

            10-26-20 The SCOTUS issued a decision disallowing the counting of mail-in ballots in Wisconsin arriving after the Tuesday election deadline. Unusual with the decision was the inclusion of a written concurrence by Justice Bret Kavanaugh. He writes “For important reasons, most States, including Wisconsin, require absentee ballots to be received by election day, not just mailed by election day. Those States 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. And those States also want to be able to definitively announce the results of the election on election night, or as soon as possible thereafter. Moreover, particularly in a Presidential election, counting all the votes quickly can help the State promptly resolve any disputes, address any need for recounts, and begin the process of canvassing and certifying the election results in an expeditious manner.” It is no coincidence that the lines “And those States also want to be able to definitively announce the results of the election on election night,” and “counting all the votes quickly can help the State…” sound like they could have been said by the very same Chief Executive that appointed Bret Kavanaugh to be one of the Supremes. As recently as the glut of rallies this run up week to the election, Dear Leader has been emphasizing just that. Indeed, in an AP fact check from 10-26-20, Calvin Woodward cites: “TRUMP: “It would be very, very proper and very nice if a winner were declared on November third, instead of counting ballots for two weeks, which is totally inappropriate and I don’t believe that that’s by our laws.” — remarks to reporters Tuesday. TRUMP: “Big problems and discrepancies with Mail In Ballots all over the USA. Must have final total on November 3rd.” — tweet Monday.” In the follow up check Woodward notes: “And “our laws” don’t require the immediate reporting of all election results in the country; delayed counting is unavoidable.” “As for his demand for a “final vote total” on election night, that flies in the face of how votes are counted and reported. Apart from the usual lags in rounding up and reporting totals from every precinct in the country, the U.S. is seeing unprecedented numbers of early votes, and some battleground states won’t even start counting them until Election Day votes have been tallied.” “Earlier in the campaign, Trump asserted that the winner should be declared on election night, another outcome no one can guarantee and one that may elude the country in a week. There is no requirement that the winner be determined Election Day.” Analysis wonders whether “our laws” are the same laws that Justice Kavanaugh decides on. After a week of pontification on the sanctity and gravitas of originalist interpretation, Analysis finds it supremely disingenuous to try and have the American people believe that, in the days before railroads, telegraph or telephone and heavily reliant on original horsepower for speedy travel, the originators of the US Constitution intended for comprehensive and complete election results to be available throughout the 13 original states on election night itself. “Time is of the essence” is nowhere to be found in their delineations of the results of the electoral process. However, it is found in almost all contemporary contract law regarding real estate, something Dear Leader is quite intimate with.