Video Supreme Court upholds Mississippi mail-in ballot law, legal experts analyze implications The Supreme Court issues a 5-4 decision upholding Mississippi's law allowing mail-in ballots to be counted post-election day if postmarked by the deadline. 'Fox News Sunday' anchor Shannon Bream and former Deputy Assistant Attorney General John Yoo dissect the ruling, highlighting it as a setback for Republicans challenging such state laws. They explain states retain significant discretionary power over election procedures, with potential for congressional oversight.
Supreme Court Justice Amy Coney Barrett faced the wrath of conservatives on social media on Monday after she authored the majority opinion ruling in favor of a Mississippi law allowing mail-in ballots to be counted in elections even if they are received after Election Day.
The court was split 5-4 on the ruling with Barrett, appointed by President Donald Trump, writing the majority opinion joined by Chief Justice John Roberts, as well as justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.
Barrett's opinion held that Election Day, in the context of federal law, set a deadline for when voters must make a choice regarding their preferred candidate but said that relevant laws have no standard for when ballots must be received to be considered valid.
Barrett was quickly criticized by conservative commentators and politicians.
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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 Group/Orange County Register)
"A shockingly wrong opinion," Republican Sen. Eric Schmitt posted on X. "Justice Barrett joins with the liberal justices to hold that federal election law does not preempt states who allow late mail-in ballots to be counted. This is terrible for election integrity. Another reason we must pass the full SAVE American Act."
"Barrett is the biggest conservative judicial disaster since Souter," conservative author Hans Mahncke posted on X. "The difference is that few conservatives expected much from Souter whereas Barrett was supposed to be the future of the Court. The worst part is that she’ll be there pushing leftist policies for another 40 years."
"Amy Coney Barrett continues to disappoint in far too many high-profile cases," political commentator Josh Hammer posted on X.
"Remember Election Day?" Republican Rep. Abe Hamadeh’s office posted on X. "This disastrous SCOTUS decision, authored by Justice Barrett, guarantees we’ll keep drifting away from it — as our sacred elections get bogged down by endless mail-in ballots and never-ending counts."
"Amy Coney Barrett is the worst choice ever among all GOP justices," retired U.S. Army captain Seth Keshel posted on X. "And that includes Roberts. What a disappointment she is."
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"She quotes Alexander Hamilton in Federalist No. 59, speaks of the Framers' intent, and repeatedly invokes history as its guide," Constitutional attorney Krisanne Hall posted on X. "But when the historical evidence becomes inconvenient, Barrett quietly sets it aside. Barrett engages in judicial activism disguised as selective originalism."
Jason Snead, executive director of Honest Elections Project, said in a statement that the ruling is "deeply disappointing and misses the mark."
"Federal law is clear: all ballots must be received by Election Day to be counted," Snead wrote. "The Court missed a major opportunity to reinforce election integrity and instead sides with California-style chaos. As Justice Alito makes clear in his dissent, watching ballots trickle in after Election Day and flip races does nothing but damage public trust in our system of government."
Hans von Spakovsky, a former Federal Election Commissioner and Senior Legal Fellow in AAF’s Edwin Meese III Institute for the Rule of Law, said in a statement that the ruling is a "grave disappointment."
"As Justice Samuel Alito says in his dissent, joined by three other justices, not only is Justice Amy Comey Barrett’s opinion inconsistent with the plain text of those laws and historical practice and precedents, it ‘risks further undermining Americans’ confidence in election integrity,’" von Spakovsky wrote.
The ruling prompted many to reiterate the importance of the SAVE Act, Trump’s long-sought voter ID and citizenship verification legislation, including Republican Rep. Greg Steube who 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, on Oct. 12, 2020. (Unknown)
Trump reacted to the ruling on Truth Social, calling it a "tremendous loss" and stressing the importance that all voters must show a photo ID and proof of citizenship and that there should be "no mail-in" ballots except for specific exceptions.
"There is no excuse for a politician, or otherwise, to be against the above three requirements," Trump wrote. "There is only one reason to oppose — CHEATING!"
Trump added, "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. There can be no more excuses!"
Fox News Digital’s Robert Schmad and Anders Hagstrom contributed to this report.
Andrew Mark Miller is a reporter at Fox News. Find him on Twitter @andymarkmiller and email tips to AndrewMark.Miller@Fox.com.
