URGENT: CLICK TO FIGHT BACK AGAINST THE LEFT!
(DC Pundit) – If you were hoping the Supreme Court would be the last line of defense for election integrity heading into the 2026 midterms, Monday delivered a gut punch.
The Supreme Court sided against Republicans in a 5-4 decision, ruling that states can count mail-in ballots that arrive after Election Day, provided they are postmarked by Election Day. The case centered on a Mississippi law that allows ballots to be counted up to five business days after Election Day, and the court’s majority decided that federal law simply doesn’t prohibit it.
Justice Amy Coney Barrett wrote the majority opinion, joined by Chief Justice John Roberts and the three liberal justices.
Barrett’s reasoning was straightforward, if deeply frustrating to election integrity advocates. “The electorate’s choice is made when voting is complete, not when ballots are received,” she wrote. “Election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose.”
Alito, writing the dissent, saw it very differently. “If ballots received after election day are added to the set of ballots that dictate the election’s outcome, the electorate’s choice does not occur on election day,” he argued. He also warned that “confidence in election outcomes can be seriously undermined” when late-arriving ballots swing results. Kavanaugh echoed that concern, noting that “if the apparent winner the morning after the election ends up losing due to late arriving ballots, charges of a rigged election could explode.”
Those are not fringe concerns. Anyone who lived through the 2020 election and the days of ballot-counting that followed knows exactly what Alito and Kavanaugh are talking about. The slow drip of mail-in ballots flipping races after Election Night has become a reliable feature of modern elections, and not one that does anything to build public confidence in the process.
President Trump didn’t hold back in his response. “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,” Trump wrote.
The SAVE America Act has already passed the House but has stalled in the Senate. RNC Chairman Joe Gruters backed the president’s call, stating: “If we want fair and secure elections, Election Day should mean exactly what it says, which is why this decision makes it even more imperative that Congress pass the SAVE America Act.”
The lawsuit itself was brought by the Republican National Committee and the Libertarian Party of Mississippi, and had previously scored a win at the appellate level when a three-judge panel, all Trump appointees, ruled in the GOP’s favor. The full appeals court later declined to rehear the case, sending it to the Supreme Court, which ultimately reversed course.
The bottom line is this: roughly 30 states currently count at least some absentee ballots mailed by Election Day but received afterward, and Monday’s ruling locks that practice in ahead of November. For conservatives who believe Election Day should mean exactly that, one day, with a hard deadline, this is a serious setback. The only remedy now is legislative, and that means the Senate needs to act on the SAVE America Act without delay.
URGENT: CLICK TO FIGHT BACK AGAINST THE LEFT!
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