Wakeforest22890
Snowpom
There's frequently a lot of bad and reactionary analysis out there about SCOTUS decisions, but Kavanaugh's concurrence is truly just an entire piece of hot trash.
Rarely does either side really engage in judicial activism (as people claim they want to define it, rather than just using it to describe any decision they don't like - which is generally what people do) but this is one of the clearest examples you will ever see. He reverse engineers his position predominantly based on the idiotic belief that we need the votes counted on Election Day or it makes it easier for candidates to cry "wolf" if votes counted after Election Day (provisional, mail-in, and absentee ballots) were to "change" the election's outcome.
Of course what he glosses over is that this is just completely made up. The media/AP calling a state's outcome on the night of the election doesn't mean the election's outcome is "changed" if a candidate gets more votes tallied (which had already been cast and received). It just means that candidate won the election. There was no change because state's don't certify elections for weeks after Election Day for this exact reason. Simply because the media wants to turn the election into a sporting event, one night only, there is a winner and a loser TONIGHT doesn't change the laws regarding election certification.
Kavanaugh is literally just making shit up. It's honestly one of the more shocking opinions I've read from SCOTUS with no basis in reality beyond whatever conservative reality Kavanaugh decided to create for himself. It's the definition of activism and conservatives who claim to condemn judicial activism should call this out for what it is. This is your chance!
Rarely does either side really engage in judicial activism (as people claim they want to define it, rather than just using it to describe any decision they don't like - which is generally what people do) but this is one of the clearest examples you will ever see. He reverse engineers his position predominantly based on the idiotic belief that we need the votes counted on Election Day or it makes it easier for candidates to cry "wolf" if votes counted after Election Day (provisional, mail-in, and absentee ballots) were to "change" the election's outcome.
Of course what he glosses over is that this is just completely made up. The media/AP calling a state's outcome on the night of the election doesn't mean the election's outcome is "changed" if a candidate gets more votes tallied (which had already been cast and received). It just means that candidate won the election. There was no change because state's don't certify elections for weeks after Election Day for this exact reason. Simply because the media wants to turn the election into a sporting event, one night only, there is a winner and a loser TONIGHT doesn't change the laws regarding election certification.
Kavanaugh is literally just making shit up. It's honestly one of the more shocking opinions I've read from SCOTUS with no basis in reality beyond whatever conservative reality Kavanaugh decided to create for himself. It's the definition of activism and conservatives who claim to condemn judicial activism should call this out for what it is. This is your chance!