“The Constitution provides that state legislatures — not federal judges, not state judges, not state governors, not other state officials — bear primary responsibility for setting election rules,” Justice Gorsuch wrote on Monday, in a concurring opinion in a 5-to-3 ruling that refused to revive a federal judge’s order that would have extended the deadline for receiving absentee ballots in Wisconsin.
That leaves Justice Kavanaugh. He joined Justice Gorsuch’s opinion in the Wisconsin case and wrote his own concurring opinion, one that has attracted considerable attention for