Stephen Miller Criticizes Justices Barrett, Roberts Over Supreme Court Mail-In Ballot Ruling

Stephen Miller, who served as Deputy Chief of Staff for Policy in the White House, voiced strong criticism Monday against Supreme Court Justices Amy Coney Barrett and John Roberts. Miller asserted that the two justices “caved to the radical left” by joining a majority opinion that upheld a Mississippi law allowing mail-in ballots to be tallied even if received after the official Election Day.

Speaking on a recent broadcast, Miller emphasized his view that Justice Samuel Alito’s dissenting opinion clearly articulated the meaning of Election Day. "Justice Roberts and Justice Barrett decided to cave to the radical left," Miller stated. He added, "Alito was so clear in his wording about what Election Day means. Nobody could read the statute, could read that opinion, could read what Alito wrote and come to any other conclusion."

Miller further contended, "It's Election Day, not election week, not election month, not election months. So this was really a travesty, and it underscores why we have to keep fighting to pass the SAVE America Act."

Supreme Court's Majority Opinion and Dissent

The remarks from Miller followed Monday's 5-4 Supreme Court decision, where Justices Roberts and Barrett aligned with the Court's liberal wing. The majority opinion, penned by Trump-appointed Justice Barrett, determined that while federal law designates Election Day as the deadline for voters to make their candidate selections, it does not establish a standard for when ballots must physically arrive to be deemed valid. Chief Justice John Roberts joined Justice Barrett, alongside Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, in the majority.

Justice Samuel Alito authored a dissenting opinion, cautioning that the majority's decision could further erode public confidence in the nation's electoral processes, which he described as already fragile.

Advocacy for the SAVE America Act

Miller argued that the American populace elected Republican majorities in both chambers of Congress with the expectation that legislation like the SAVE America Act would be enacted. He echoed sentiments from other conservatives who have cited this Supreme Court ruling as evidence of the urgent need for enhanced protections for the ballot box.

He asserted that a significant number of Americans supported Republican candidates to prioritize this issue. "80 million Americans elected a Republican Senate majority, and they elected a Republican Congress to deliver on this fundamental priority," he said, concluding with a firm declaration: "It must get done."