Kavanaugh's reported remarks are the latest naïve (at best) offering from one of our country’s most powerful people, writes Jordan_S_Rubin.
, where he was in the 6-3 majority that didn't fully embrace the extreme"independent state legislature" elections theory.
Yet, those divided cases hardly show the absence of politics or partisanship on the court. Rather, they remind us those divisions sometimes require an extra layer of analysis, which requires a fuller rendering of the facts than purveyors of neutrality want to provide. Take the Milligan case. Sure, it was surprising the court sided with voting rights. But putting aside what that says about the court, focusing only on that end 5-4 result ignores the previous shadow docket ruling in the case that went, with Kavanaugh in the majority, letting an illegal voting map be used in the 2022 midterms to the GOP's benefit. And even in the end, Kavanaugh wrote a concurrence to Roberts' majority opinion suggesting he might not be with the majority in the future.
Likewise, Moore v. Harper certainly could have been worse. But even that one"laid landmines for future elections," as Jessica Levinson
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