Supreme Court Justice Amy Coney Barrett faced strong criticism from conservatives following her authorship of a majority opinion on Monday. The ruling upheld a Mississippi law that permits mail-in ballots to be tallied in elections even if they arrive after Election Day.
The Court's decision was a narrow 5-4 split. Justice Barrett, an appointee of former President Donald Trump, penned the majority opinion, joined by Chief Justice John Roberts, along with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
In her opinion, Justice Barrett clarified that federal law defines Election Day as the deadline for voters to make their candidate selections. However, she noted that existing federal statutes do not establish a standard for when ballots must be received to be deemed valid.
Conservative Outcry Over Ballot Ruling
The ruling quickly drew fire from conservative figures across social media and in official statements.
Republican Senator Eric Schmitt voiced his disapproval, calling it "A shockingly wrong opinion." He added, "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."
Conservative author Hans Mahncke characterized Barrett as "the biggest conservative judicial disaster since Souter." He further commented, "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."
Political commentator Josh Hammer echoed the sentiment of disappointment, stating, "Amy Coney Barrett continues to disappoint in far too many high-profile cases."
The office of Republican Representative Abe Hamadeh also weighed in, remarking, "Remember Election Day? 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."
Retired U.S. Army captain Seth Keshel offered a blunt assessment: "Amy Coney Barrett is the worst choice ever among all GOP justices. And that includes Roberts. What a disappointment she is."
Constitutional attorney Krisanne Hall criticized Barrett's judicial approach, asserting, "She quotes Alexander Hamilton in Federalist No. 59, speaks of the Framers' intent, and repeatedly invokes history as its guide. But when the historical evidence becomes inconvenient, Barrett quietly sets it aside. Barrett engages in judicial activism disguised as selective originalism."
Election Integrity Concerns and Dissents
Jason Snead, executive director of the Honest Elections Project, issued a statement describing the ruling as "deeply disappointing and misses the mark." Snead argued, "Federal law is clear: all ballots must be received by Election Day to be counted. 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 at AAF’s Edwin Meese III Institute for the Rule of Law, also expressed "grave disappointment." He cited Justice Samuel Alito's dissent, which was joined by three other justices, stating that Justice Barrett’s opinion is not only inconsistent with the plain text of relevant laws, historical practice, and precedents, but it also "risks further undermining Americans’ confidence in election integrity."
Calls for the SAVE Act
The Supreme Court's decision spurred many to reemphasize the importance of the SAVE Act, legislation advocated by former President Trump that focuses on voter identification and citizenship verification. Republican Representative Greg Steube stated, "The Senate filibuster is the only thing standing in the way. Nuke it!"
Former President Donald Trump responded to the ruling on his social media platform, labeling it a "tremendous loss." He underscored the necessity for all voters to present a photo ID and proof of citizenship, and advocated for "no mail-in" ballots except under specific, limited circumstances.
"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 further elaborated, stating, "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!"
