Supreme Court of the United States · Official docket →
Michael Watson, Mississippi Secretary of State v. Republican National Committee, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-60395 · judgment October 25, 2024
Decided · June 29, 2026
Pre-decision estimate: 9% cert probability (95% interval 5%–14%)
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a state or local-government petitioner.
Question presented
The federal election-day statutes-2 U.S.C. § 7, 2 U.S.C. § 1, and 3 U.S.C. § 1-set the Tuesday after the first Monday in November in certain years as the "election" day for federal offices. Like all other States, Mississippi requires that ballots for federal offices be cast-marked and submitted to election officials-by that day. And like most other States, Mississippi allows some of those timely cast ballots (mail-in absentee ballots, in Mississippi's case) to be counted if they are received by election officials a short time after election day (in Mississippi, within 5 business days after election day). Miss. Code Ann. § 23-15- 637(1)(a). In the decision below, the Fifth Circuit held that the federal election-day statutes require that ballots be both cast by voters and received by election officials by election day and thus preempt Mississippi's law. The question presented is 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.
Counsel of record
For petitioner
Scott Grant Stewart
Mississippi Attorney General's Office
For respondent
Gilbert Charles Dickey
Consovoy McCarthy, PLLC
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage · 29 merits
(18 supporting pet./neither, 11 respondent)
Argument & decision
Argued March 23, 2026 — Scott G. Stewart · Paul D. Clement. Audio and transcript
Decided June 29, 2026. Opinion by Barrett.
Proceedings
- Jul 31 2026Judgment Issued.
- Jun 29 2026Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined, and in which Kavanaugh, J., joined as to all but Parts II–C–2 and III.
- Mar 23 2026Argued. For petitioner: Scott G. Stewart, Solicitor General, Jackson, Miss. For respondents: Paul D. Clement, Alexandria, Va.; and D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Mar 11 2026Reply of petitioner Michael Watson filed. (Distributed)
- Mar 11 2026Reply of respondents Vet Voice Foundation, et al. in support of petitioner filed. (Distributed)
- Mar 06 2026Record received from the United States District Court for the Southern District of Mississippi. The record is electronic and is available on PACER.
- Mar 02 2026Motion for divided argument filed by Vet Voice Foundation, et al. DENIED.
- Mar 02 2026Motion for divided argument filed by respondents DENIED.
- Mar 02 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Feb 25 2026CIRCULATED
- Feb 23 2026Response to motion of respondents for divided argument from petitioner Michael Watson filed.
- Feb 18 2026Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Feb 17 2026Brief amicus curiae of United States filed.
- Feb 17 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Feb 17 2026Brief amici curiae of Citizens United, et al. filed.
- Feb 17 2026Brief amici curiae of Citizens for New Jersey Election Integrity, et al. filed.
- Feb 17 2026Brief amici curiae of Montana, et al. filed.
- Feb 17 2026Brief amici curiae of National Republican Congressional Committee, et al. filed.
- Feb 17 2026Brief amici curiae of Center for Election Confidence, Inc., et al. filed.
- Feb 17 2026Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
- Feb 17 2026Brief amici curiae of Wisconsin Voter Alliance, et al. filed.
- Feb 17 2026Brief amici curiae of Nancy Landry, Louisiana Secretary of State, et al. filed.
- Feb 17 2026Brief amici curiae of Public Interest Legal Foundation, et al. filed.
- Feb 17 2026Motion for divided argument filed by respondents.
- Feb 13 2026Brief amici curiae of Members of Congress, et al. filed.
- Feb 09 2026Brief of respondents Republican National Committee, et al. filed.
- Feb 09 2026Brief of respondent Libertarian Party of Mississippi filed.
- Feb 06 2026Opposition of petitioner to motion of Vet Voice Foundation, et al. for divided argument filed.
- Feb 03 2026Record requested from the United States Court of Appeals for the Fifth Circuit.
- Jan 30 2026SET FOR ARGUMENT on Monday, March 23, 2026.
- Jan 29 2026Motion for divided argument filed by respondents Vet Voice Foundation, et al. in support of petitioner.
- Jan 09 2026Amicus brief of League of United Latin Americans Citizens not accepted for filing. (To be corrected - January 12, 2026)
- Jan 09 2026Brief amicus curiae of League of United Latin American Citizens filed. (Corrected)
- Jan 09 2026Brief amici curiae of National Congress of American Indians, et al. filed.
- Jan 09 2026Brief amici curiae of League of Women Voters, et al. filed.
- Jan 09 2026Brief amici curiae of Professor Michael T. Morley, et al. in support of neither party filed.
- Jan 09 2026Brief amicus curiae of National Defense Committee filed.
- Jan 09 2026Brief amici curiae of Campaign Legal Center, et al. filed.
- Jan 09 2026Brief amici curiae of District of Columbia, et al. filed.
- Jan 09 2026Brief amici curiae of Former Election Administrators filed.
- Jan 09 2026Brief amicus curiae of The Democratic National Committee filed.
- Jan 09 2026Brief amici curiae of Local Election Officials, et al. filed.
- Jan 09 2026Brief amicus curiae of Alaska in support of neither party filed.
- Jan 09 2026Brief amicus curiae of Constitutional Accountability Center filed.
- Jan 09 2026Brief amici curiae of Fourteen United States Senators filed.
- Jan 09 2026Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. filed.
- Jan 09 2026Amicus brief of National Security Leaders for America not accepted for filing. (To be corrected - January 13, 2026)
- Jan 09 2026Brief amicus curiae of National Security Leaders for America filed. (Corrected)
- Jan 09 2026Brief amicus curiae of Society For The Rule Of Law Institute filed.
- Jan 09 2026Brief amici curiae of Individuals and Organizations Representing Military and Overseas Voters filed.
- Jan 05 2026Amicus brief of Corey J. Biazzo not accepted for filing. (To be corrected - January 07, 2026)
- Jan 05 2026Brief amicus curiae of Corey J. Biazzo filed. (Corrected)
- Jan 02 2026Brief of petitioner Michael Watson filed.
- Jan 02 2026Brief of respondents Vet Voice Foundation, et al. in support of petitioner filed.
- Dec 15 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Dec 01 2025Motion to extend the time to file the joint appendix and petitioner's brief on the merits is extended to and including January 2, 2026. The time to file respondents' briefs on the merits is extended to and including February 9, 2026.
- Nov 20 2025Motion for an extension of time to file the briefs on the merits filed.
- Nov 20 2025Motion to dispense with printing the joint appendix filed by petitioner Michael Watson.
- Nov 10 2025Petition GRANTED.
- Nov 03 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 01 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 26 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Sep 24 2025Letter of September 24, 2025 from counsel for respondents Justin Wetzel, et al. filed.
- Sep 03 2025Response Requested. (Due October 3, 2025)
- Aug 27 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 25 2025Reply of petitioner Michael Watson filed. (Distributed)
- Aug 11 2025Brief of respondents Republican National Committee, et al. in opposition filed.
- Aug 11 2025Brief of respondent Libertarian Party of Mississippi in opposition filed.
- Jul 10 2025Brief of respondents Vet Voice Foundation, et al. in support filed.
- Jul 10 2025Brief amici curiae of Center for Election Confidence, Inc., et al. filed.
- Jul 10 2025Brief amici curiae of District of Columbia, et al. filed.
- Jul 08 2025Motions to extend the time to file a response are granted and the time is extended to and including August 11, 2025, for all respondents.
- Jul 03 2025Motion of Libertarian Party of Mississippi to extend the time to file a response from July 10, 2025 to August 11, 2025, submitted to The Clerk.
- Jul 03 2025Motion of Republican National Committee, et al. to extend the time to file a response from July 10, 2025 to August 11, 2025, submitted to The Clerk.
- Jun 17 2025Waiver of right of respondents Justin Wetzel, Toni Jo Diaz, Becky Payne, Barbara Kimball, Christine Brice, and Carolyn Handler to respond filed.
- Jun 06 2025Petition for a writ of certiorari filed. (Response due July 10, 2025)