Justice Kavanaugh joined the concurrence in the Supreme Court mail-in ballot order.
Posted by Badlands Media, Checked
- Sources
- 4 support1 context
- Said
- 1 time·
- Confidence
- 90%
Badlands MediaSep 16, 2026
Multiple tier1 and independent sources (AP, Reuters, SCOTUSblog, CNBC, Deseret) report that Justice Brett Kavanaugh wrote a concurrence in the Supreme Court's September 2026 unsigned order denying the Trump administration's mail-in ballot rule request, with only Alito and Thomas dissenting.
A guest makes this claim. Listeners heard it, so it counts against the post, and on the guest's own record.
What was said
… We can't do it, because the litigation process got them to that point where and it was always intended to get them to that point where it would be too late, where they could do something about it. Yeah, but shame on Call me Barrett. Shame on Kavanagh. Well, Kavanagh joined in concurrence, so not shame on Kavanagh, although shame on him for voting for it, because, you know, the crisis of the elections coming up, you know, that's not the problem. The problem is, the law is the law, the rules are the rules. …
Badlands Media · · from the transcriptPost →What we found
Supports. Kavanaugh wrote a one-paragraph concurrence in the Supreme Court's unsigned order on the USPS mail-in ballot rule, agreeing the request should be denied.[2][3][4]
Supports. Only Alito and Thomas publicly dissented, so the majority including Kavanaugh's concurrence blocked the Postal Service rule.[1][3]
Context. Kavanaugh wrote that the rule might be legal but that applying it in the 2026 elections would be arbitrary and capricious given insufficient time for election officials.[3][5]
Sources
5 sources: 1 fact-checker, 4 not rated
- 1Trump lashes out at Supreme Court justices after ballots ...reuters.com · fact-checker · cited for: supports
- 2Supreme Court denies Trump administration's request to implement parts of rule on mail-in votingscotusblog.com · not rated · cited for: supports
- 3Trump calls Supreme Court mail ballot ruling 'big loss for Republicans'cnbc.com · not rated · cited for: supports, context
- 4Supreme Court rejects Trump request to change mail-in voting ...deseret.com · not rated · cited for: supports
- 5Supreme Court rejects Trump. Again. Still think it's rigged?usatoday.com · not rated · cited for: context
Where this claim was made
Said in 1 published post
Related claims
- Justice Brett Kavanaugh concurred with the majority opinion in the Supreme Court's denial of a stay on the mail-in ballot restriction.True
- Justice Thomas joined Justice Alito's dissent in the Supreme Court mail-in ballot order.True
- Supreme Court Justices Gorsuch, Kavanaugh, and Coney Barrett voted against Donald Trump in the case regarding mail-in ballot restrictions.True
- The Supreme Court granted a stay in a legal case regarding mail-in ballot restrictions.True
- Justices Thomas and Justice Alito dissented from the Supreme Court's ruling on mail-in voting restrictions.True