The Supreme Court decision sparks a wave of backlash against mail-in ballots
Supreme Court upholds Mississippi’s mail-in voting law, legal experts analyze implications
The Supreme Court ruled 5-4 upholding a Mississippi law that allows absentee ballots to be counted after an election is marked by a deadline. ‘Fox News Sunday’ anchor Shannon Bream and former Deputy Assistant Attorney General John Yoo blasted the decision, calling it a setback for Republicans who oppose the state’s laws. They explained that states retain significant discretion in election processes, which may have congressional oversight.
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Supreme Court Justice Amy Coney Barrett faced the wrath of social media activists Monday after upholding a majority decision in favor of a Mississippi law that allows mail-in ballots to be counted in elections even if they are received after Election Day.
I The court was split 5-4 in the decision and Barrett, an appointee of President Donald Trump, writing the majority opinion joined by Chief Justice John Roberts, and Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.
Barrett’s opinion held that Election Day, in the context of federal law, it set a deadline for when voters must vote on the candidate of their choice but said the relevant laws do not have a standard for when a ballot must be received to be considered valid.
Barrett was immediately criticized by conservative commentators and politicians.
AMY CONEY BARRETT CALLS ROE V WADE A ‘FREE FAST’ DECISION THAT JUDGMENTS ‘READS’ THE CONSTITUTION.
U.S. Supreme Court Justice Amy Coney Barrett is interviewed by Nixon Foundation board member Hugh Hewitt at the Nixon Presidential Library and Museum in Yorba Linda, Calif., on Sept. 10, 2025. (Paul Bersebach/MediaNews/Orange County Register)
“It’s an incredibly wrong idea,” said Republican Sen. Eric Schmitt posted on X. “Justice Barrett joins the liberal justices in holding that federal election law does not prevent states from allowing late ballots to be counted. This is bad for election integrity. Another reason we must pass a comprehensive SAVE American Act.”
“Barrett is the biggest legal disaster since Souter,” conservative writer Hans Mahncke posted on X. “The difference is that few conservatives expected much from Souter and Barrett was supposed to be the future of the Court. The worst thing is that he will be there pushing leftist policies for another 40 years.”
“Amy Coney Barrett continues to disappoint in many high-profile cases,” political analyst Josh Hammer said. posted on X.
“Do you remember Election Day?” The office of Rep. Abe Hamadeh posted on X. “This terrible SCOTUS decision, written by Justice Barrett, ensures that we will continue to move on from it – as our sacred elections are disrupted by endless votes and endless recounts.”
“Amy Coney Barrett is the worst decision ever of all the GOP judges,” retired US Army captain Seth Keshel said. posted on X. “And that includes Roberts. What a shame for him.”
PRESS RELEASE: GOP Weighs ‘NUKING’ FILIBUSTER TO PASS LAST TRUMP LEGISLATION
Rain clouds roll over the United States Supreme Court building in Washington, DC, on June 18, 2026. (Chip Somodevilla/Getty Images)
“He quotes Alexander Hamilton in Federalist No. 59, speaking of the intent of the Framers, and repeatedly invoking history as their guide,” Constitutional lawyer Krisanne Hall. posted on X. “But when the historical evidence is undisturbed, Barrett quietly brushes it aside. Barrett engages in legal activism that is thought of as a genuine choice.”
Jason Snead, executive director of the Honest Elections Project, said in a statement that the decision is “deeply disappointing and misses the mark.”
“Federal law is clear: all ballots must be received on Election Day to be counted,” Snead wrote. “The Court missed a great opportunity to strengthen election integrity and instead sided with a mess like California. As Justice Alito made clear in his dissent, looking at large numbers of votes after Election Day and shifting contests does nothing but undermine public trust in our system of government.”
Hans von Spakovsky, former Federal Election Commissioner and Senior Legal Fellow at the AAF’s Edwin Meese III Institute for the Rule of Law, said in a statement that the decision was “deeply disappointing.”
“As Justice Samuel Alito said in his dissent, joined by three other justices, not only is Justice Amy Comey Barrett’s opinion inconsistent with the clear text of those laws and with historical practice and precedent, it is ‘dangerous and undermines Americans’ confidence in electoral integrity,'” von Spakovsky wrote.
The decision prompted many to emphasize the importance of the SAVE Act, Trump’s long-sought ID and citizenship law, including Rep. Republican Greg Steube. posted on X“The Senate filibuster is the only thing standing in the way. Nuke it!”
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Supreme Court nominee Amy Coney Barrett is sworn in during a confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, Oct. 12, 2020. (Unknown)
Trump react to the decision on Truth Social, calling it a “huge loss” and emphasizing the importance that all voters must show photo ID and proof of citizenship and that there should be no “mail-in” votes without special exceptions.
“There is no excuse for a politician, or otherwise, to resist the above three demands,” Trump wrote. “There is only one reason to object – DECEPTION!”
Trump added, “The House of Representatives has passed this important Act, THREE TIMES. The United States Senate seems incapable of doing so. At a time when there is a powerful Communist Movement taking place in our country, more dangerous than World War I, World War II, Pearl Harbor, or September 11th, all Dumocrats, and our Mulds Housing Republican, Mulds Colors, our Mulds of Liversa, Mulds Republicans, our Liverpool Liversa, Mulds Republicans, our Liverpool Susan Thom Tillis, Bill Cassidy, and Mitch McConnell must vote to SAVE OUR COUNTRY No more excuses!
Fox News Digital’s Robert Schmad and Anders Hagstrom contributed to this report.
