Kristen Wagoner

Thanks for having me.

The case is about whether states can count mail-in ballots that are postmarked before or on Election Day if they don't actually receive them until after Election Day.

There are about 14 states and D.C.

that have these kinds of laws, and a number of states altered their election laws during COVID.

Mississippi was one of them, and Mississippi's law here requires officials to receive ballots within five days of Election Day, but other states don't have any clear cutoff date.

So the Republican National Committee, among other parties, challenged the law and the U.S.

Supreme Court heard oral arguments on the case this Monday.

The outcome is going to hinge on what two words in federal law mean.

And those two words are election day.

I think it's a close call.

Most people are taking bets on the majority holding that ballots have to be received by Election Day.

That's a view that seems to resonate with Justices Gorsuch, Thomas, and Alito.

It also tends to the courts focusing more and more on statutory text and historical practice.

On the other hand, we know from the argument Justices Sotomayor, Kagan, and Jackson, they all seemed far more sympathetic to Mississippi's argument.

So that leaves us with the remaining three, Justices Barrett, Kavanaugh, and the Chief.

And it was a little bit hard to get a read on just exactly how they might vote in the case.

Yes, again and again.

If Mississippi wins, it would give voters more flexibility.

It would give them more time in which to cast their ballots.

And that's especially helpful for people that live in rural areas.