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While experts hope the justices will reverse an "objectively insane" appellate decision, a ruling in favor of the Republican National Committee could reduce the rights of Americans who vote by mail.
As President Donald Trump on Monday pardoned leaders who tried to overturn his 2020 loss, the US Supreme Court took up the national Republican Party's argument that counting mailed ballots shortly after Election Day violates federal law.
Voting by mail has long been a target of the GOP president, who has falsely claimed that the practice fuels voter fraud. This case concerns a Mississippi law that allows mailed ballots postmarked by Election Day to be counted as long as they arrive within five business days, which three Trump appointees on the US Court of Appeals for the 5th Circuit struck down last year.
That lawsuit was brought by the Republican National Committee (RNC) and the Mississippi Libertarian Party. Another Republican, Mississippi Attorney General Lynn Fitch‚ is asking the nation's top court to reject the 5th Circuit's decision, arguing that it "defies statutory text, conflicts with this court's precedent, and—if left to stand—will have destabilizing nationwide ramifications."
The Supreme Court—which has a conservative supermajority that includes three Trump appointees—agreed to hear Watson v. RNC and decide "whether the federal Election Day statutes preempt a state law that allows ballots that are cast by federal Election Day to be received by election officials after that day."
The Supreme Court will review an objectively insane 5th Circuit decision that prohibited states from counting ballots that were mailed before Election Day but arrive shortly after. (More than half the states have such laws.) www.supremecourt.gov/orders/court...
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— Mark Joseph Stern (@mjsdc.bsky.social) November 10, 2025 at 9:44 AM
The Associated Press pointed out Monday that "Mississippi is among 18 states and the District of Columbia that accept mailed ballots received after Election Day as long as the ballots are postmarked on or before that date," and "an additional 14 states allow the counting of late-arriving ballots from some eligible voters, including overseas US service members and their families."
Legal experts have condemned the appellate decision as "awful" and "bonkers." The justices are expected to hear arguments early next year and issue a ruling by the end of June, months before the crucial midterm elections.
National Vote At Home Institute executive director Barbara Smith Warner welcomed their decision to take the case and potentially reverse the 5th Circuit's "upside-down" opinion, telling Democracy Docket: "The idea that a ballot that is postmarked on or by Election Day and received afterwards... is like voting after Election Day? That is ridiculous."
Unfortunately I am here to tell you: it's time to worry about what the Supreme Court is going to do to mail ballots postmarked by election day that arrive after election day, in states across the country. This could be enormous.www.democracydocket.com/news-alerts/...
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— jen rice (@jenrice.bsky.social) November 10, 2025 at 11:19 AM
Alexia Kemerling, director of accessible democracy at the American Association of People with Disabilities, was also hopeful.
"We really hope that the Supreme Court takes the responsibility seriously to make sure that every voter can use their power," she said. "'The millions of voters with disabilities who cannot vote in person or voters who are overseas who cannot vote in person—this is their only way to participate in the system. They should not be disenfranchised for the ways that our system moves slowly."
The New York Times noted that Watson v. RNC "is a potential blockbuster and adds to the court's other elections and voting cases for the term, which include a case about who can sue to challenge Illinois' mail-in ballot rules and a challenge to the Louisiana congressional district map that could gut a remaining pillar of the Voting Rights Act."
"This president will stop at nothing to take food out of the mouths of hungry kids across America. Soulless," said Democratic Sen. Patty Murray.
President Donald Trump's Agriculture Department on Saturday threatened to penalize states that don't "immediately undo" steps taken to pay out full Supplemental Nutrition Assistance Program benefits for November following a Supreme Court order that temporarily allowed the administration to withhold billions of dollars of aid.
In a memo, the US Department of Agriculture warned that "failure to comply" with the administration's directive "may result in USDA taking various actions, including cancellation of the federal share of state administrative costs and holding states liable for any overissuances that result from the noncompliance."
Rep. Angie Craig (D-Minn.), the top Democrat on the House Agriculture Committee, said in a statement that it appears the Trump administration is "demanding that food assistance be taken away from the households that have already received it."
"They would rather go door to door, taking away people's food, than do the right thing and fully fund SNAP for November so that struggling veterans, seniors, and children can keep food on the table," said Craig.
The USDA memo came after Supreme Court Justice Ketanji Brown Jackson temporarily blocked a lower court ruling that had required the Trump administration to distribute SNAP funds in full amid the ongoing government shutdown. SNAP is funded by the federal government and administered by states.
The administration took steps to comply with the district court order while also appealing it, sparking widespread confusion. Some states, including Massachusetts and California, moved quickly to distribute full benefits late last week. Some reported waking up Friday with full benefits in their accounts.
"In the dead of night, the Trump administration ordered states to stop issuing SNAP benefits," Sen. Patty Murray (D-Wash.) said in response to the Saturday USDA memo. "This president will stop at nothing to take food out of the mouths of hungry kids across America. Soulless."
Under the Trump administration's plan to only partially fund SNAP benefits for November, the average recipient will see a 61% cut to aid and millions will see their benefits reduced to zero, according to one analysis.
Crystal FitzSimons, president of the Food Research & Action Center, stressed in a statement that "the Trump administration all along has had both the power and the authority to ensure that SNAP benefits continued uninterrupted, but chose not to act and to actively fight against providing this essential support."
"Meanwhile, millions of Americans already struggling to make ends meet have been left scrambling to feed their families," said FitzSimons. "Families and states are experiencing undue stress and anxiety with confusing messages coming from the administration. The Trump administration’s decision to continue to fight against providing SNAP benefits furthers the unprecedented humanitarian crisis driven by the loss of the nation’s most important and effective anti-hunger program."
"This is insane," said US Rep. Pramila Jayapal. "Trump is jumping through hoops to block SNAP."
The US Supreme Court late Friday temporarily blocked a lower court order that required the Trump administration to fully fund Supplemental Nutrition Assistance Program benefits as the government shutdown drags on with no end in sight.
One wrinkle in the case is that the Supreme Court order, which came after the Trump administration appealed the lower court directive, was handed down by liberal Justice Ketanji Brown Jackson. Her brief order came after the Massachusetts-based US Court of Appeals for the 1st Circuit opted not to swiftly intervene in the case.
Jackson, who is tasked with handling emergency issues from the 1st Circuit, wrote that her administrative stay in the case will end 48 hours after the appeals court issues a ruling in the case.
The justice's order came after states across the US had already begun distributing SNAP benefits after a district court judge directed the Trump administration to release billions of dollars in funds by Friday.
"Some people woke up Friday with the money already on the debit-like EBT cards they use to buy groceries," NPR reported.
Steve Vladeck, a law professor at Georgetown University, wrote Friday that "it may surprise folks that Justice Jackson, who has been one of the most vocal critics of the court's behavior on emergency applications from the Trump administration, acquiesced in even a temporary pause of the district court's ruling in this case."
He continued:
But as I read the order, which says a lot more than a typical “administrative stay” from the Court, Jackson was stuck between a rock and a hard place—given the incredibly compressed timing that was created by the circumstances of the case.
In a world in which Justice Jackson either knew or suspected that at least five of the justices would grant temporary relief to the Trump administration if she didn’t, the way she structured the stay means that she was able to try to control the timing of the Supreme Court’s (forthcoming) review—and to create pressure for it to happen faster than it otherwise might have. In other words, it’s a compromise—one with which not everyone will agree, but which strikes me as eminently defensible under these unique (and, let’s be clear, maddening and entirely f-ing avoidable) circumstances.
The Trump administration has fought tooth and nail to flout its legal obligation to distribute SNAP funds during the shutdown as low-income Americans grow increasingly desperate and food bank demand skyrockets.
"This is insane," US Rep. Pramila Jayapal (D-Wash.) wrote after the administration appealed to the Supreme Court. "Trump is jumping through hoops to block SNAP. Follow the law, fund SNAP, and feed American families."
Maura Healey, the Democratic governor of Massachusetts—one of the states that quickly moved to process SNAP benefits following the district court order—said in a statement that "Trump should never have put the American people in this position."
"Families shouldn’t have had to go hungry because their president chose to put politics over their lives," said Healey.
Feeding America, a nonprofit network of hundreds of food banks across the US, said Friday that food banks bought nearly 325% more food through the organization's grocery purchase program during the week of October 27 than they did at the same time last year.
Donations to food banks, which were underresourced even prior to the shutdown, have also skyrocketed. The head of a Houston food bank said the organization is in "disaster response mode."
"Across the country, communities are feeling the real, human impact the shutdown is having on their neighbors and communities,” said Linda Nageotte, president and chief operating officer at Feeding America. "Families, seniors, veterans, and people with disabilities are showing strength through the hardship, and their communities are standing beside them—giving their time and money, and advocating so no one faces hunger alone.”