U.S. Supreme Court Justice Brett Kavanaugh has denied a request from a conservative group to bar Wisconsin’s five largest cities from using private money to cover costs for Tuesday’s election as it appeals a decision that found the funding was OK.

It is the latest legal setback for the conservative Wisconsin Voter Alliance, which has now struck out with a district court judge, the 7th Circuit Court of Appeals and Kavanaugh in its attempts to bar the use of the money.

U.S. Judge William Griesbach on Oct. 14 denied the group’s motion for a preliminary injunction, ruling nothing in statute explicitly banned munis from using private money to pay for elections. A week later, he rejected the group’s request for an injunction pending appeal.

A week ago, the group asked the 7th Circuit Court of Appeals for an injunction as it appeals Griesbach’s ruling on the merits of its suit. But the court quickly shot down the request, prompting the WVA to ask Kavanaugh for an injunction.

According to the case docket, he rejected that request yesterday.

See the docket here.

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