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Kavanaugh dismays conservatives by dodging pro-Trump election lawsuits

Added 02-28-21 10:56:03pm EST - “Justice Brett Kavanaugh dismayed conservatives this week when he cast what appears to be the deciding vote preventing the Supreme Court from taking up pro-Trump election lawsuits.” - Thehill.com

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Posted By TheNewsCommenter: From Thehill.com: “Kavanaugh dismays conservatives by dodging pro-Trump election lawsuits”. Below is an excerpt from the article.

Justice Brett KavanaughBrett Michael KavanaughMedia circles wagons for conspiracy theorist Neera Tanden The Jan. 6 case for ending the Senate filibuster Laurence Tribe: Justice Thomas is out of order on 2020 election MORE dismayed conservatives this week when he cast what appears to be the deciding vote preventing the Supreme Court from taking up pro-Trump election lawsuits.

Kavanaugh’s apparent break with the court’s three staunchest conservatives — Justices Clarence ThomasClarence ThomasLaurence Tribe: Justice Thomas is out of order on 2020 election Supreme Court won't review Pennsylvania GOP election lawsuits A powerful tool to take on the Supreme Court — if Democrats use it right MORE, Samuel AlitoSamuel AlitoLaurence Tribe: Justice Thomas is out of order on 2020 election Supreme Court won't review Pennsylvania GOP election lawsuits A powerful tool to take on the Supreme Court — if Democrats use it right MORE and Neil GorsuchNeil GorsuchThe Jan. 6 case for ending the Senate filibuster Laurence Tribe: Justice Thomas is out of order on 2020 election McConnell backs Garland for attorney general MORE — seemed to catch his colleagues by surprise, and provoked ire among some on the political right who viewed the move as an act of betrayal.

Thomas in a dissent said he was “befuddled” by the court’s reluctance to take up the disputes, given that four justices — including Kavanaugh — had signaled in late October their view that the pro-Trump challengers were likely to win on appeal.  

“One wonders what this Court waits for. We failed to settle this dispute before the election, and thus provide clear rules,” Thomas wrote in what some analysts saw as a thinly veiled swipe at Kavanaugh. “Now we again fail to provide clear rules for future elections. The decision to leave election law hidden beneath a shroud of doubt is baffling.”

Alito and Gorsuch wrote separate dissents from the court’s denial on Monday, but made clear they agreed with Thomas. The dissenting justices indicated the disputes would not have disturbed the outcome of the 2020 presidential election.

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