Amy Coney Barrett, a judge appointed by Mr. Trump, twice voted to reject election and civil rights proposals from President Trump and the Republican Party.
The Supreme Court ruled on June 29 that the state of Mississippi can continue to count some absentee ballots received after election day, rejecting Republican arguments that those ballots were invalid under federal law.
The decision was made with a ratio of 5 votes in favor and 4 votes against. Ms. Amy Coney Barrett, a judge appointed by President Trump in 2020, voted in favor, helping this decision receive a unanimous majority along with Chief Justice John Roberts, judges Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.
Ms. Barrett said that federal law stipulates that election day is the deadline for voters to make a choice, but does not set specific standards for when ballots will be received to recognize a ballot as valid. The ruling dealt a blow to efforts by Trump and Republicans to limit mail-in voting ahead of the midterm elections.
Supreme Court justice Amy Coney Barrett during an interview at the Nixon Presidential Library and Museum in California, September 10, 2025. Image: Orange County Register
The US Supreme Court consists of 9 judges, with 6 conservatives, appointed under Republican presidents, and 3 liberals, appointed under Democratic presidents. Therefore, Mr. Trump’s policy decisions are expected to receive support from the Supreme Court. Ms. Barrett’s opposition to Mr. Trump’s proposal caused great disappointment, making her quickly become a target of criticism from conservative commentators and politicians.
Jason Snead, executive director of the Honest Elections Project, a group that advocates for stricter election laws, issued a statement saying the ruling was “deeply disappointing and wrong.”
“The Court missed a major opportunity to strengthen the integrity of the election. As Justice Alito made clear in his dissent, seeing ballots arriving after election day and changing the outcome of races only damages public confidence in our system,” Snead added.
Former Federal Election Commissioner Hans von Spakovsky, now an expert at the Edwin Meese III Institute on the Rule of Law at the conservative NGO Advancing American Freedom, also called the ruling a “huge disappointment” that threatens to further undermine Americans’ confidence in the integrity of the election.
Speaking at the White House on the afternoon of June 29, Mr. Trump said that the Supreme Court’s ruling was “giving people more time to vote illegally.” Mr. Trump frequently makes accusations that US elections have been corrupted by large-scale voter fraud without providing evidence.
Under Mississippi election law, absentee voters – including seniors and students – are allowed to vote by mail if the ballot is postmarked by election day, and delivered within five days. The change, made in 2020 during the Covid-19 pandemic, passed nearly unanimously in the Mississippi legislature and was signed into law by Gov. Tate Reeves, a Republican.
US Supreme Court in Washington DC. Image: Reuters
On June 30, Judge Amy Coney Barrett once again joined Chief Justice John Roberts and three liberal judges in voting to reject President Trump’s order preventing citizenship rights for children born in the US. They advocated birthright citizenship, invoking the 14th Amendment.
Chief Justice Roberts pointed out that from the beginning, America’s founding fathers advocated opening the door to foreigners coming to reside, whether short-term or long-term. He emphasized that for a country made up of immigrants, the widespread application of the principle of jus soli (birthright citizenship) is even more important.
“The young Republic attracted tens of thousands of emigrants from the Old World, Scots-Irish, French, Germans, Welsh and many others, some planning to stay for a short time, others hoping to stay for life,” he wrote. “Regardless of their intentions, they can be sure of one thing: their children will become American citizens.”
Two conservative justices Alito and Thomas strongly opposed this view. Mr. Thomas argued that the Citizenship Clause has consistently been understood to not apply to the children of temporary aliens.
Justice Alito said the majority made a “serious mistake” in “one of the most important decisions in history” of the Supreme Court.
Mr. Trump commented that the ruling was “so bad,” but noted that Congress could “easily compensate” through legislation. When asked about the possibility of amending the constitution, House Speaker Mike Johnson said it was too early to talk about it.
Criticism continues to pour in towards Ms. Barrett. “Do I think she was wrong in making that decision? Yes,” Vice President J.D. Vance said.
“Amy Coney Barrett is a traitor,” conservative commentator Megyn Kelly harshly criticized in a radio program on SiriusXM. “She consistently sided with the left.”
“I think the biggest mistake was ever supporting Amy Coney Barrett,” said Mike Davis, a close ally of Mr. Trump and head of the conservative NGO Article III Project. “She’s a disaster on the Supreme Court.”
Ms. Barrett did not speak out about these criticisms. But right from the inauguration ceremony at the White House a few years ago, the female judge affirmed her independent stance.
“The sacred oath I take tonight means that I will administer justice impartially, without fear, completely independent of the political branches of power and my own personal preferences,” Ms. Barrett said.
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