Supreme Court Justice Brett Kavanaugh
President Trump’s most recent appointment to the U.S. Supreme Court raises concerns across the spectrum, threatening established law and long-standing precedent on everything from health care and women’s health to civil rights and organized labor.
But Justice Brett Kavanaugh’s record also makes clear that he is terrible for voting rights.
In the most prominent voting-rights case he’s considered as a judge, Kavanaugh wrote the D.C. Circuit Court’s opinion in South Carolina v. United States. And the results aren’t pretty.
That’s the case in which the D.C. Circuit voted to uphold a voter ID law that President Obama’s Department of Justice had found would likely disenfranchise more than 80,000 minority registered voters in South Carolina.
In one notable passage from Kavanaugh’s opinion, he defended the discriminatory ID law even as he acknowledged the distinct lack of evidence that voter fraud actually exists.
“We conclude that South Carolina’s goals of preventing voter fraud and increasing electoral confidence are legitimate,” Kavanaugh wrote, “those interests cannot be deemed pretextual merely because of an absence of recorded incidents of in-person voter fraud in South Carolina.”
This line of reasoning clearly shows Kavanaugh’s will continue to side with the conservative majority on the Supreme Court that has already proven all too willing to eviscerate voting rights protections and give vote-suppressing politicians free rein to shape the electorate to match their political preferences.