Kavanaugh and Barrett, sold to the country as “originalists” who would counteract the bench’s Left-leaning jurists, instead joined their liberal colleagues and Chief Justice John Roberts to reject each case. In doing so, Barrett and Kavanaugh broke their promise to defend the Constitution and gave their imprimatur to lawless state elections—a clear and present danger to the future of the country.
“One wonders what this Court waits for,” Thomas concluded in his dissent. “We failed to settle this dispute before the election, and thus provide clear rules. 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. By doing nothing, we invite further confusion and erosion of voter confidence. Our fellow citizens deserve better and expect more of us.”