JUNE 30, 2026
Supreme Court Rules 5-4 to Uphold Mississippi Law Allowing Mail-In Ballots Received After Election Day
The Supreme Court ruled 5-4 to uphold a Mississippi law that permits mail-in ballots to be counted if they are postmarked by Election Day but received up to five days after it. Justice Amy Coney Barrett, appointed by President Trump, authored the majority opinion and was joined by Chief Justice John Roberts and Justices Sotomayor, Kagan, and Brown Jackson. Eighteen states and territories have similar mail-ballot grace periods, according to NPR.
The Supreme Court's majority opinion, written by Justice Barrett, held that federal election law sets a deadline for when voters must make their candidate selection but does not establish a standard for when ballots must be received to be counted. Barrett joined the court's three liberal justices and Chief Justice Roberts in forming the five-justice majority, while Justices Alito, Thomas, Gorsuch, and Kavanaugh dissented.
NPR reported the ruling as a loss for the Republican Party, which brought the case, and noted that such grace periods exist in 18 states and territories — historically giving voters a buffer against postal delays or weather-related disruptions ahead of midterm elections. The outlet's coverage centered on the practical function these laws serve for voters.
Fox News and the Washington Examiner led instead with the political backlash directed at Justice Barrett from within conservative circles. Both outlets quoted Republican lawmakers, conservative commentators, and Trump allies criticizing Barrett's vote. Senator Eric Schmitt described the opinion as "shockingly wrong," and Trump posted on Truth Social calling the ruling a "tremendous loss," while pressing Republican Senate holdouts to pass the SAVE Act. Fox News also quoted Jason Snead of the Honest Elections Project, who said the ruling "sides with California-style chaos," and Hans von Spakovsky, who wrote that Barrett's opinion is "inconsistent with the plain text" of federal law.