Brett Kavanaugh
Role at the time: Supreme Court associate justice, concurring
Condemned
Response to this claim
Applying the new USPS rule in the 2026 elections would be arbitrary and capricious because election officials lack sufficient implementation time.
“applying the rule in the 2026 elections would be arbitrary and capricious”
Read the original text (opens in a new tab)Supreme Court stay denial, Kavanaugh concurrence and Alito dissent: USPS v. California · Supreme Court of the United StatesPDF p.1: concurrence; pp.2–9: dissent and Thomas’s express joinder
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.
Why we used this label
Rejects the present rollout; later possibilities do not change that stance.