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In It to Win It

(12,948 posts)
Mon Jun 29, 2026, 10:17 AM Jun 29

SCOTUS holds states can count late-arriving mail-in ballots that are postmarked on or before Election Day

First (but *not* last) ruling from #SCOTUS today is in Watson v. RNC. For a 5-4 majority (with Thomas, Alito, and Gorsuch, Kavanaugh dissenting), Justice Barrett holds that federal law does *not* bar states from counting late-arriving mail-in ballots that are postmarked on or before Election Day.

Steve Vladeck (@stevevladeck.bsky.social) 2026-06-29T14:02:49.360Z
60 replies = new reply since forum marked as read
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SCOTUS holds states can count late-arriving mail-in ballots that are postmarked on or before Election Day (Original Post) In It to Win It Jun 29 OP
Good Aviation Pro Jun 29 #1
WOW... Hate to say it ordinarily, but thank you Amy Coney Barrett hlthe2b Jun 29 #2
Amy Barrett has had a couple of ruling which favored The People IMHO--but admit I already forget which ones. riversedge Jun 29 #4
Maybe Trump will alienate some more women with a typical nasty comment. Would be a win for us. RoeVWade Jun 29 #7
Yes, she has come across as a bit more PatSeg Jun 29 #10
Oh, yes, T and A, as I like to call them, will ALWAYS be as extreme as possible. ShazzieB Jun 29 #44
I'll be happy with an age or health related retirement PatSeg Jun 29 #46
Age related retirement would be fine, except for one thing. ShazzieB Tuesday #48
I know, that's a terrifying thought PatSeg Tuesday #50
Absolutely. Those two would scrap elections altogether if they could. peppertree Tuesday #51
And as they've gotten older, PatSeg Tuesday #55
No doubt about it. peppertree Tuesday #57
Good old Bush the younger PatSeg Tuesday #58
Heck of a job, Georgie. peppertree Tuesday #59
With the current political climate, PatSeg Tuesday #60
Ketchup will be flying... SheltieLover Jun 29 #3
It appears that Amy Coney Barret has become the deciding vote on this Supreme Court. kentuck Jun 29 #5
Does this ruling shoot down the proposed SAVE Act... kentuck Jun 29 #6
No Sympthsical Jun 29 #8
But this is the law until Congress votes to change it? kentuck Jun 29 #12
Yes, this is law until Congress passes new law that changes it. In It to Win It Jun 29 #16
Congress can still try to change those laws. Ms. Toad Jun 29 #13
Yeah, the SAVE Act would absolutely end up in front of the Court Sympthsical Jun 29 #19
Would that require homegirl Jun 29 #20
Currently the SAVE act is being blocked by the Senate, Ms. Toad Jun 29 #26
But what about the post office refusing to mail ballots in states that don't supply dump with the voter lists CurtEastPoint Jun 29 #9
I believe this is being challenged PatSeg Jun 29 #11
Blocked by Federal Court judge last week. paleotn Jun 29 #25
AMAZING! Thanks! CurtEastPoint Jun 29 #35
WTF. This should be a fucking no brainer since the vote was cast during an election. RedWhiteBlueIsRacist Jun 29 #14
Some areas keep the post office open until midnight MichMan Jun 29 #30
But now we have to hand mail to a post office employee for postmarking catrose Tuesday #53
Wow, a rare SCOTUS decision not in favor of the Murdoch Ministry Of Propaganda! What's next? Initech Jun 29 #15
A good ruling MustLoveBeagles Jun 29 #37
Well, we got to take whatever wins we can get! Initech Jun 29 #38
I'm in agreement MustLoveBeagles Jun 29 #40
I'm going to guess they pull nonsense on birthright citizenship EnergizedLib Jun 29 #17
State CAN count them or MUST count them? Blumancru Jun 29 #18
It depends on state laws MichMan Jun 29 #22
It's important that blue voters in states that DON'T allow those delivered after the election day are aware of this. RockCreek Jun 29 #47
Trump and Republicans will order post offices not to postmark mail ballots or not deliver them on time. Lonestarblue Tuesday #49
My immediate thought exactly. VTderry Tuesday #56
Just 'forget' to postmark ones in blue districts... kirby Jun 29 #21
Or someone will come up with their own copy of a postmark. MichMan Jun 29 #23
But will the post office post mark them? yellowcanine Jun 29 #24
Good malaise Jun 29 #27
Bottom line MoseShrute Jun 29 #28
This jives with contract law - postmark dates a contract bucolic_frolic Jun 29 #29
This would have been a no brainer to probably every other Supreme Court. crud Jun 29 #31
That 2000 election, popsdenver Jun 29 #41
The Extreme Court has the "shadow docket" Soul_of_Wit Jun 29 #43
Why would anyone wait until election day to use a mail in ballot? MichMan Jun 29 #32
The undersranding used to be because it would be counted and also because things change dramatically (esp in primaries) SSJVegeta Jun 29 #34
An actual example usage of "procrastinate" from Merriam-Webster.com Soul_of_Wit Jun 29 #39
Barrett has been the most democratic member of the anti-democracy court SSJVegeta Jun 29 #33
Barrett just told the GOP how to change federal law Raven123 Jun 29 #36
Just more evidence to me the Supreme Court must be expanded standingtall Jun 29 #42
Scotland ABC123Easy Jun 29 #45
They should have rejected this case to begin with. mdbl Tuesday #52
I am afraid if Trump gets total control over elections wee will have lost. Encouraging decision. Martin68 Tuesday #54

hlthe2b

(115,362 posts)
2. WOW... Hate to say it ordinarily, but thank you Amy Coney Barrett
Mon Jun 29, 2026, 10:20 AM
Jun 29

This is good news in a sea of bad lately.

riversedge

(82,409 posts)
4. Amy Barrett has had a couple of ruling which favored The People IMHO--but admit I already forget which ones.
Mon Jun 29, 2026, 10:31 AM
Jun 29

RoeVWade

(972 posts)
7. Maybe Trump will alienate some more women with a typical nasty comment. Would be a win for us.
Mon Jun 29, 2026, 10:39 AM
Jun 29

Weird but seems true.

PatSeg

(54,197 posts)
10. Yes, she has come across as a bit more
Mon Jun 29, 2026, 10:48 AM
Jun 29

moderate and reasonable. In the meantime, we can pretty much guarantee that Alito and Thomas will be as extreme as possible.

ShazzieB

(23,132 posts)
44. Oh, yes, T and A, as I like to call them, will ALWAYS be as extreme as possible.
Mon Jun 29, 2026, 12:48 PM
Jun 29

I also like to call them the Gruesome Twosome (among other, less PG rated things).

I hope they both drop dead on January 21, 2029, the day after our new Democratic president gets sworn in. (A girl can dream, okay? )

PatSeg

(54,197 posts)
46. I'll be happy with an age or health related retirement
Mon Jun 29, 2026, 02:09 PM
Jun 29

They are both old enough and Thomas barely looks alive anyway (though he's always looked like that I suppose).

"T and A"!!!

ShazzieB

(23,132 posts)
48. Age related retirement would be fine, except for one thing.
Tue Jun 30, 2026, 12:42 AM
Tuesday

Gone is gone, however it happens, but I don't think either of them would voluntarily retire with a Democrat in the White House, and if anyone retires from SCOTUS while Trump's still in office, God knows what kind of freak(s) he would replace them with!

PatSeg

(54,197 posts)
50. I know, that's a terrifying thought
Tue Jun 30, 2026, 08:42 AM
Tuesday

that one might exit while he is still in office.

As for retiring voluntarily with a Democrat in the White House, age changes people in many ways and as we get older, our abilities and priorities change. They may still be willing in some respects, but not necessarily able.

peppertree

(23,604 posts)
51. Absolutely. Those two would scrap elections altogether if they could.
Tue Jun 30, 2026, 09:04 AM
Tuesday

Alito is well known to favor an Latin American/Opus Dei-style dictatorship.

And Thomas? An Idi Amin-style one.

PatSeg

(54,197 posts)
55. And as they've gotten older,
Tue Jun 30, 2026, 10:01 AM
Tuesday

they seem to have gotten more open and brazen or perhaps they feel more secure showing their true colors with Trump in charge.

peppertree

(23,604 posts)
57. No doubt about it.
Tue Jun 30, 2026, 02:26 PM
Tuesday

They see the Orange Pig as their best - and possibly last - hope for overturning U.S. democracy.

The Bushes - neither of whom much cared for democracy, as they showed during Bush v. Gore and in many other ways - knew exactly what they were doing when they installed that pair of turkeys in the Supreme Court.

PatSeg

(54,197 posts)
58. Good old Bush the younger
Tue Jun 30, 2026, 03:43 PM
Tuesday
“If this were a dictatorship it would be a heck of a lot easier... as long as I'm the dictator.”

He laughed, but it wasn't really a joke.

PatSeg

(54,197 posts)
60. With the current political climate,
Tue Jun 30, 2026, 04:34 PM
Tuesday

it is easy to forget what a truly awful presidency that was. GW had no administrative skills and was easily managed and manipulated. Men with "daddy issues" make terrible leaders.

kentuck

(116,216 posts)
5. It appears that Amy Coney Barret has become the deciding vote on this Supreme Court.
Mon Jun 29, 2026, 10:37 AM
Jun 29

And we will take our victories wherever we can get them.

This was a big vote and ketchup is running down the walls near the Oval Office.

Sympthsical

(11,335 posts)
8. No
Mon Jun 29, 2026, 10:43 AM
Jun 29

The Court's interpretation here was purely based on current statute law about elections.

Congress can still change those laws.

kentuck

(116,216 posts)
12. But this is the law until Congress votes to change it?
Mon Jun 29, 2026, 10:51 AM
Jun 29

Right?

Then it could be challenged in Court?

Ms. Toad

(38,963 posts)
13. Congress can still try to change those laws.
Mon Jun 29, 2026, 10:56 AM
Jun 29

Whether they are legally permitted to remains an open question.

homegirl

(2,042 posts)
20. Would that require
Mon Jun 29, 2026, 11:21 AM
Jun 29

fifty one votes or sixty six + votes in the Senate, and would it also not have to be passed by the House?

Ms. Toad

(38,963 posts)
26. Currently the SAVE act is being blocked by the Senate,
Mon Jun 29, 2026, 11:41 AM
Jun 29

where they don't have enough votes for cloture (60 votes), to end a the filibuster and likely don't have enough (50+1) even if they overcome the filibuster.

The House has already passed the SAVE act. So if it passes the Senate, we're done.

CurtEastPoint

(20,158 posts)
9. But what about the post office refusing to mail ballots in states that don't supply dump with the voter lists
Mon Jun 29, 2026, 10:48 AM
Jun 29

PatSeg

(54,197 posts)
11. I believe this is being challenged
Mon Jun 29, 2026, 10:50 AM
Jun 29

Not sure about the details though. I'm on overload right now.

RedWhiteBlueIsRacist

(2,451 posts)
14. WTF. This should be a fucking no brainer since the vote was cast during an election.
Mon Jun 29, 2026, 10:57 AM
Jun 29

Let me make this in a sports analogy, since that is all most people understand these days. If I toss a basketball during a game and it makes the basket before the game ends, the score counts! Duh.

MichMan

(17,722 posts)
30. Some areas keep the post office open until midnight
Mon Jun 29, 2026, 11:44 AM
Jun 29

Meaning people were allowed to mail ballots after in person voting sites were closed

Initech

(109,762 posts)
38. Well, we got to take whatever wins we can get!
Mon Jun 29, 2026, 12:18 PM
Jun 29

This war is far from over. Fuck Trump, fuck SCOTUS, and fuck Fox News!

EnergizedLib

(3,281 posts)
17. I'm going to guess they pull nonsense on birthright citizenship
Mon Jun 29, 2026, 11:09 AM
Jun 29

You know how it goes with this corrupt court. For every decision that goes our way, there are nine which don’t.

Blumancru

(414 posts)
18. State CAN count them or MUST count them?
Mon Jun 29, 2026, 11:15 AM
Jun 29

There is a big difference between the two, and I bet there will be a big difference between the way red and blue states handle late arriving ballots.

MichMan

(17,722 posts)
22. It depends on state laws
Mon Jun 29, 2026, 11:31 AM
Jun 29

Those that allow it based on postmarks can continue to do so. Those that don't aren't forced to.

RockCreek

(1,665 posts)
47. It's important that blue voters in states that DON'T allow those delivered after the election day are aware of this.
Mon Jun 29, 2026, 05:56 PM
Jun 29

It would be easy to misinterpret this as applying to all states.

Lonestarblue

(13,672 posts)
49. Trump and Republicans will order post offices not to postmark mail ballots or not deliver them on time.
Tue Jun 30, 2026, 07:57 AM
Tuesday

Republicans cheat, and they've used mail ballots to cheat in the past, for example by deliberately mailing them to ZIP codes that have primarily Democratic voters so late that have to go to the polls thus disenfranchising people who are physically unable to drive or vote in person. People who ordered mail ballots and aren't able to early vote or get to their precinct on election day miss out on voting.

Another way Republicans cheat in requiring each county to have only one dropbox for voters to deposit ballots, so a 600-resident county has one box and a two million site like Harris County has one box. All the large cities in Texas are Democratic.

MoseShrute

(185 posts)
28. Bottom line
Mon Jun 29, 2026, 11:42 AM
Jun 29

If at all possible, get that ballot completed and put in the mail ASAP. There will always be some weird situations where that isn’t possible, but those should be exceptions.

bucolic_frolic

(56,455 posts)
29. This jives with contract law - postmark dates a contract
Mon Jun 29, 2026, 11:42 AM
Jun 29

Now the GOP can focus on getting the USPS to slow down delivery.

crud

(1,333 posts)
31. This would have been a no brainer to probably every other Supreme Court.
Mon Jun 29, 2026, 11:44 AM
Jun 29

Up until the Bush V Gore ruling, they always made the voter and the right to vote paramount.

popsdenver

(2,888 posts)
41. That 2000 election,
Mon Jun 29, 2026, 12:29 PM
Jun 29

was the second time the Republican's Supreme Court allowed a decision that should have been challenged BIG TIME.
Voting was a States Right. The U.S. Supreme Court had absolutely NO LEGAL RIGHT to intervene in the Florida Election Re-count. But the Supremes came in, stopped the re-count, dictated by Florida Law, because they suspected that it would show Gore the Winner.............
The worst part is, that once the Supreme Court corruptly and illegally pulled that off, it forever established a precedent for them to use from then on. Allowing them to use it to corruptly and illegally use it as a precedent to interject themselves into elections for ever more.........................

The first time was when HWBush and his CABAL committed treason to throw the election to "installing" Reagan.........

Soul_of_Wit

(218 posts)
43. The Extreme Court has the "shadow docket"
Mon Jun 29, 2026, 12:32 PM
Jun 29

Maybe they should have a "self-evident" docket. The slang name would be the "no duh" docket.

MichMan

(17,722 posts)
32. Why would anyone wait until election day to use a mail in ballot?
Mon Jun 29, 2026, 11:45 AM
Jun 29

They are sent out weeks ahead of time.

SSJVegeta

(3,506 posts)
34. The undersranding used to be because it would be counted and also because things change dramatically (esp in primaries)
Mon Jun 29, 2026, 11:56 AM
Jun 29

Before election day. But in general elections quite frankly, people need to turn that thing in as soon as they get it. And also theres a good chance the government will do everything they can to not count our votes so sooner is always better no matter what at this point.

Soul_of_Wit

(218 posts)
39. An actual example usage of "procrastinate" from Merriam-Webster.com
Mon Jun 29, 2026, 12:21 PM
Jun 29
Natomas resident Sarah Arizaga, 46, wasn’t familiar with all of the candidates, so procrastinated on submitting her ballot until the final day.

standingtall

(3,207 posts)
42. Just more evidence to me the Supreme Court must be expanded
Mon Jun 29, 2026, 12:32 PM
Jun 29

Right decision yes, but 5-4 decision in a case that should've been 9-0 tells me everything I need yo know.

Martin68

(28,391 posts)
54. I am afraid if Trump gets total control over elections wee will have lost. Encouraging decision.
Tue Jun 30, 2026, 09:57 AM
Tuesday
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