The Supreme Court on Monday ruled against the Trump administration on whether ballots must be counted by Election Day, a significant win for states like California that count ballots weeks after Election Day.
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The SCOTUS decisions on Monday were a mixed bag for the Trump administration, with a big win on executive power amid disappointing decisions.
In Watson v. Republican National Committee, the Court upheld a Mississippi law allowing mail-in ballots postmarked by Election Day to be counted if received within five business days afterward.
The Court ruled 5-4 that federal statutes setting a uniform Election Day do not preempt state laws from establishing a short grace period for ballot receipt, rejecting the Republican National Committee’s argument that ballots must be received by Election Day.
The surprise written by Justice Amy Coney Barrett and joined by Chief Justice John Roberts and the three liberal justices, held that federal election laws set the day by which voters must cast their ballots, not the day by which they must be received.
The ruling preserves similar laws in 14 states and the District of Columbia that allow for post-Election Day receipt of postmarked ballots.
The dissenting opinion, written by Justice Samuel Alito, and joined by Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh (partially), noted that federal law designates “the Tuesday next after the first Monday in November” as “election day” … and provides that elections for federal office must be held on that date.”
During oral arguments, Alito had argued: “We have LOTS of phrases that involve two words, the last of which, the second of which is ‘day’.”
Labor DAY, Memorial DAY, George Washington’s Birth DAY, Independence DAY, birth DAY, and Election DAY!
And they’re all particular days. So if we start with that, if I have nothing more to look at than the phrase election day, I think this is the day in which everything is going to take place, or almost everything.
In his dissent, Alito wrote: “today’s decision leaves open opportunities for voter fraud that may further undermine Americans’ faith in the integrity of this country’s elections.”
In his reaction to the Court’s decision, President Trump on Truth Social urged Congress to pass the SAVE AMERICA ACT:
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, which is,
1. ALL VOTERS MUST SHOW PHOTO I.D. (IDENTIFICATION!).
2. ALL VOTERS MUST SHOW PROOF OF CITIZENSHIP.
3. NO MAIL-IN BALLOTS (EXCEPT FOR ILLNESS, DISABILITY, MILITARY DEPLOYMENT, OR TRAVEL!).
There is no excuse for a politician, or otherwise, to be against the above three requirements. There is only one reason to oppose — CHEATING! 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! Thank you for your attention to this matter.
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In a decision that greatly pleased President Trump, the Supreme Court also ruled 6-3 inthat the president has the authority to remove Federal Trade commissioners (FTC) at will.
Specifically, the long-sought ruling determined that Trump did have the authority to fire FTC Commissioner Rebecca Slaughter.
“BIG WIN just moments ago at the Supreme Court, in the Slaughter Case, confirming Presidential Power in our Country to remove Executive Branch Officers and Agency Appointees, or Representatives, under Article II,” Trump stated on Truth Social. “This Decision was long sought by United States Presidents, dating all the way back to the 1930s. It is such an Honor to be the sitting President who won this Historic and Unprecedented Ruling, one of the most important ever given with respect to Presidential Powers.”
Trump added in a subsequent post: “To show the importance of the Slaughter Case, 90 years of precedent has been COMPLETELY AND UNEQUIVOCALLY OVERRULED, greatly increasing Presidential Power at a time when it is most needed!”
At the same time, the Court ruled in Trump v. Cook that the president cannot remove the embattled Federal Reserve Governor Lisa Cook without providing statutory procedural protections.
In the 5-4 decision, written by Chief Justice Roberts, the Court held that the President’s attempt to fire Cook over alleged mortgage fraud violated the Federal Reserve Act’s “for cause” removal standard and denied her due process.
The majority opinion emphasized that removing a governor without notice or a hearing would effectively turn statutory “for cause” protections into “at-will employment,” undermining the central bank’s independence. The ruling allows Cook to retain her seat while lower courts continue to litigate the substantive merits of the fraud allegations and the legality of her removal.”
The president appeared unfazed by the ruling, characterizing it as merely a procedural roadblock.
“The Cook Lawsuit, having to do with her suitability in sitting on the Board of the Federal Reserve, was sent back by the Supreme Court on a strictly procedural basis, we will take appropriate action immediately to make sure that someone who has committed wrongdoing will not be making vital decisions concerning the Welfare of the United States of America!” Trump posted on Truth Social.
President Trump did not comment on that addressed the constitutionality of geofence warrants under the Fourth Amendment.
The Supreme Court ruled 6-3 that such warrants, which compel tech companies like Google to disclose the location history of all devices within a defined area, violate the Fourth Amendment due to a lack of particularized probable cause.
SCOTUS will issue its final opinions—including the much anticipated birthright citizenship ruling—Tuesday morning.
“It’s in their hands, what can I tell you?” Trump told reporters at the Oval Office, Monday morning. “It’s a common sense ruling.”
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