The 2020 election could very well end up in the courts.
That is bad news for Donald Trump.
And Donald Trump flipped out when he heard what Brett Kavanaugh just did.
The Supreme Court handed down a five to three decision on Wednesday rejecting a Republican challenge to Democrats in North Carolina allowing mail-in ballots to be counted up to nine days after the election.
Chief Justice John Roberts siding with the Democrats was not a surprise.
But Justice Brett Kavanaugh siding with the Left was.
Kavanaugh cited a North Carolina law allowing some flexibility to election officials as his reasoning.
The Supreme Court has voted 5-3 to deny a request by Republicans to overturn a decision by Democratic authorities in North Carolina to allow mail-in ballots to be counted nine days after Election Day and without a witness signature.
Justices Neil Gorsuch, Samuel Alito, and Clarence Thomas dissented, though only Gorsuch and Alito signed the dissent. Newly-sworn-in Justice Amy Coney Barrett did not participate in the decision . . .
. . . Chief Justice John Roberts and Justice Brett Kavanaugh joined the liberal justices, though for reasons that are unclear. One blog speculated that Kavanaugh wished to show deference to the North Carolina State Board of Elections because the state legislature had delegated rule-making power to it.
But that opinion did not pass the smell test.
Conservatives Neil Gorsuch, Clarence Thomas, and Samuel Alito all rejected this blatant attempt by Democrats to extend the vote in North Carolina as long as possible.
Amy Coney Barrett did not take part in the case because she was just sworn in.
But Kavanugh’s defection shows that, in important election law related cases, even with Barrett on the court conservatives do not have a stable majority to prevent the Left from stealing the election.
Renewed Right will keep you up-to-date on any new developments in this ongoing story.