Amy Coney Barrett and John Roberts Side with Liberal Justices on Key Election Integrity Case
The Supreme Court delivered a surprising 5-4 ruling Monday, stating that mail-in ballots can be counted several days after they arrive, as long as they are cast by Election Day.
The case of Watson v. Republican National Committee centered on a Mississippi law that allows mail-in ballots to be counted up to five business days after Election Day if they have the proper postmark.
During oral arguments in March, the high court appeared poised to strike down the law, with Justice Samuel Alito arguing that events like Independence Day, Memorial Day, and Election Day are all “particular days.”
Justice Amy Coney Barrett and Chief Justice John Roberts crossed ideological lines to join the court’s three liberals, Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson, however, shattering that speculation.
Law professor Jonathan Turley posted about the outcome on social media Monday morning, writing that Barrett had authored the majority opinion, while Alito wrote the dissent, joined in full by Justices Clarence Thomas, Neil Gorsuch, and in part by Brett Kavanaugh.
“The court rejects the preemption of a Mississippi law that allows mail-in ballots to be counted as long as they are postmarked by, and received within, five days of Election day,” Turley wrote on X.
…We have today’s first opinion. It is one of the biggies. Watson v. RNC written by Justice Barrett and holds federal election-day statutes ballots can be counted after election day without violating federal law. The court rejects the preemption of a Mississippi law that allows…
— Jonathan Turley (@JonathanTurley) June 29, 2026
He also noted that the ruling represents a “significant win for the Democrats in states like California,” which have been heavily criticized for taking weeks to submit their final tallies.
In the majority opinion, Barrett argued there is no specific date for receipt of ballots, meaning there is no statute preventing states from accepting votes long after Election Day.
“In sum, the election-day statutes require the electorate’s choice to be made on election day,” she wrote. “That occurs so long as election day is the deadline for individuals to vote—as it is in Mississippi. But the election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.”
The Trump appointee also noted that Congress may “’override’” most of these choices, but added that “by default,” such responsibilities “for the mechanics of congressional elections belongs to States.”
In his dissent, Alito wrote, “Today’s decision is inconsistent with the terms of the election-day statutes, contemporary election-law principles, two centuries of historical practice, and the case law on the question presented.”
“It opens up and fails to resolve a host of questions for state election officials and courts,” he concluded. “And it creates a serious risk of further undermining public confidence in our elections and our system of self-government.”
Alito also touched upon the issue of potential fraud, writing, “Today’s decision leaves open opportunities for voter fraud that may further undermine Americans’ faith
in the integrity of this country’s elections. Diverse sources have recognized that mail-in ballots increase the potential for fraud.”
He added, “It is not difficult to understand why. When someone votes by mail, it is harder for officials to verify the identity of the person requesting and completing the ballot. Mail voting also presents a greater opportunity for voter manipulation, a more vulnerable chain of ballot custody, and a diminished ability to detect improprieties in real time.”
The dissent echoes many of the concerns shared by President Donald Trump, who is pushing the Republican-controlled Senate to pass the Save America Act before the upcoming midterm elections.
The commander in chief responded to the ruling on Truth Social Monday, writing: “In light of the tremendous loss in the Supreme Court today concerning Voter’s Rights, and the fact that ‘people’s’ votes are allowed to be counted LONG AFTER an Election is over, it is more important than ever to pass THE SAVE AMERICA ACT.”
The Save America Act would mandate that voters provide a valid ID and proof of citizenship before registering to vote in a federal election, and would also ban mail-in ballots, with limited exceptions.
“There is no excuse for a politician, or otherwise, to be against the above three requirements,” Trump added. “There is only one reason to oppose — CHEATING! The House of Representatives has approved this vital Act, THREE TIMES. The United States Senate seems unable to do so.
“In a time when there is a powerful Communist Movement taking place in our Country, one more dangerous than World War I, World War II, Pearl Harbor, or September 11th, all Dumocrats, and our five Republican Senate Hold Outs, Lisa Murkowski, Susan Collins, Thom Tillis, Bill Cassidy, and Mitch McConnell must vote to SAVE OUR COUNTRY,” he declared. “There can be no more excuses!”
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