Kavanaugh rejects applying the rule in 2026
Supreme Court associate justice, concurring
“applying the rule in the 2026 elections would be arbitrary and capricious”
Source and context
Original text
About this source
The Court denies a stay of the preliminary injunction. Kavanaugh objects to applying the rule in 2026; Alito would grant the stay and Thomas joins him. This is emergency relief, not final disposition of every challenge to the executive order.
Before the quotation
The Court denies a stay.
After the quotation
His concurrence leaves later implementation open.
How this statement is classified
Responding to: Applying the new USPS rule in the 2026 elections would be arbitrary and capricious because election officials lack sufficient implementation time.
The label describes this statement’s response within the context above.
Why this label?
Rejects the present rollout; later possibilities do not change that stance.
- Recorded on
- Published here
Corrections to this statement
These notices document reporting corrections, classification changes, and topic-label updates.
Reporting correction
Correction to: Statement by Brett Kavanaugh
- Previous language
- The published position event listed no source in its Sources field.
- Corrected language
- The event should link to Source #721, the Supreme Court’s USPS v. California order and opinions (PDF p. 1 for Kavanaugh’s concurrence).
The event’s quotation is supported by the existing primary source attached to its related claim, but the event itself omits that source from its Sources field. This correction adds the source citation only; the quotation, classification, and summary are unchanged.
This corrects our account of what happened.
The Court denies a stay of the preliminary injunction. Kavanaugh objects to applying the rule in 2026; Alito would grant the stay and Thomas joins him. This is emergency relief, not final disposition of every challenge to the executive order.
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