Conservative commentator Megyn Kelly has sharply criticized Supreme Court Justice Amy Coney Barrett, a Trump appointee, for her role in a recent decision regarding mail-in voting. Kelly characterized Barrett's action as a betrayal of conservative principles.
The Supreme Court upheld a Mississippi law that permits mail-in ballots postmarked by Election Day to be counted up to five days after the election.
In the majority opinion, Justice Barrett wrote, "The Framers recognized the difficulty of crafting election laws ‘applicable to every probable change in the situation of the country.’ So instead of constitutionalizing election law, they decided that ‘a discretionary power over election’ needed to be lodged ‘somewhere.’ Suffice it to say, that power was not lodged in this Court. The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose."
Kelly voiced her disappointment on "The Megyn Kelly Show," stating, "Justice Amy Coney Barrett, a Trump appointee, she’s supposed to be one of ours." She questioned why conservative justices seem to waver, adding, "Why are they always so wiggly?"
Kelly suggested that Chief Justice John Roberts is not upholding his role as an "institutionalist meant to protect the Supreme Court."
The decision in Watson v. Republican National Committee has drawn criticism from some conservatives who perceive Barrett as increasingly unreliable. Kelly also commented on social media about the ruling.
Republican Sen. Eric Schmitt called the decision "a shockingly wrong opinion." He stated on X that "Justice Barrett joins with the liberal justices to hold that federal election law does not preempt states who allow late mail-in ballots to be counted."
The office of Republican Rep. Abe Hamadeh expressed concern on X that the decision, authored by Justice Barrett, will lead to a continued reliance on mail-in ballots and extended counting periods, potentially moving away from an Election Day count.