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STORY BY ARIANE DE VOGUE, CNN SUPREME COURT REPORTER

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Published on October 27, 2020 10:51 AM

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Brett Kavanaugh foreshadows how Supreme Court could disrupt vote counting
(CNN)Justice Brett Kavanaugh on Monday night set the battle lines for how the Supreme Court should consider post-election lawsuits that could determine the outcome of the presidential race.

As the court rejected a Democratic attempt to allow mail-in votes, postmarked by Election Day, to be received up to six days after the election in Wisconsin, Kavanaugh also suggested that state courts may not have the last word in interpreting state election rules. "Under the U.S. Constitution, the state courts do not have a blank check to rewrite state election laws for federal elections," Kavanaugh wrote in a footnote of his concurring opinion.

Kavanaugh's language overall mirrors President Donald Trump's rhetoric about calling a winner on election night. States that require mail-in ballots to be returned by the Election Day, Kavanaugh wrote in his concurring opinion, "want to avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after Election Day and --