Brett Kavanaugh Questions Mail-In Ballot 'Remedy' in Election Law Case

Legal Challenges to Mail-In Ballots

• ⚖️ Justice Kavanaugh probes the potential consequences of ruling on mail-in ballot legality after an election has concluded.
• ❓ He questions what the remedy would be if a court finds mail-in ballots were illegally counted post-election.

The 'Nightmare Scenario' of Post-Election Rulings

• 🗳️ A key concern is whether illegally counted votes would need to be thrown out, potentially disenfranchising voters who might have voted earlier if aware of the rule.
• ⚠️ This scenario is described as a "nightmare scenario" due to the complexity and potential for election disruption.

Standing and Expert Testimony in Close Elections

• 📈 The discussion touches upon the concept of standing in election law cases, particularly when an election is very close.
• 🗣️ Kavanaugh highlights the hypothetical situation where competing expert testimony could be presented regarding a candidate's likelihood of winning, impacting the standing of a challenger.
• 📊 One expert might argue the election is close, while another might claim a landslide victory, illustrating the difficulty in establishing standing based on election outcomes.