The decision of the court refers to local control. They need to be consistent in the future. Bush v. Gore removed the vote from the American people. It appears returning control to the states is a priority for the Roberts Court.
If I remember correctly and something Kavanaugh seems to have forgotten is that the Supreme Court stated their decision was a one time event and not available for precedent in the future.
October 26, 2020
By Robert BarnesThe Supreme Court on Monday night (click here) rejected a pandemic-related request from Democrats and civil rights groups to extend the deadline for counting mail-in ballots received after Election Day in the battleground state of Wisconsin.
The vote was 5 to 3, with the court’s liberals in dissent.
Conservative justices said federal courts were interfering too much in election procedure choices that should be left to local officials.
“It’s indisputable that Wisconsin has made considerable efforts to accommodate early voting and respond to COVID,” wrote Justice Neil M. Gorsuch. “The district court’s only possible complaint is that the state hasn’t done enough. But how much is enough? … The Constitution provides that state legislatures — not federal judges, not state judges, not state governors, not other state officials — bear primary responsibility for setting election rules.”.
Justice Elena Kagan answered for the liberals, and included a reference to an opinion from the late Justice Ruth Bader Ginsburg when the court considered similar changes during the Wisconsin primary.
“Tens of thousands of Wisconsinites, through no fault of their own, may receive their mail ballots too late to return them by Election Day,” wrote Kagan, joined by Justices Stephen G. Breyer and Sonia Sotomayor. “Without the district court’s order, they must opt between ‘brav[ing] the polls,’ with all the risk that entails, and ‘los[ing] their right to vote.’ The voters of Wisconsin deserve a better choice.”...
