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Advisory Opinions

Mail-In Ballot Deadlines Challenged in Court

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 26 March 2026

⏱️ 54 minutes

🧾️ Download transcript

Summary

Sarah Isgur and David French discuss two Supreme Court oral arguments: one on Mississippi accepting ballots five days after Election Day, one on turning away asylum seekers before they reach the border. The Agenda:–Watson v. Republican National Committee (election law)–The incentives won’t change when people vote–Sarah’s least favorite oral argument–Zorn v. Linton Order Sarah’s book here. Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Ready?

0:02.0

I was born ready.

0:04.0

Welcome to advisory opinions. I'm Sarah Isger. That's David French. And boy, have we got a podcast for you today?

0:25.9

Two hot oral arguments at the Supreme Court. One, on when ballots can be received after the election.

0:33.5

And two, metering at the southern border as well as a qualified immunity decision. Oh, and yes,

0:40.2

if I sound a little weird, I am in the beautiful state of Utah, and I am loving it.

0:53.6

Okay, David, I have to tell you, I am in Provo, Utah, and I may never leave. I may just send for my

1:00.2

family and have them come here. I went to the Tommy's Burger, like, stand last night. It was

1:06.7

incredible. The mountains. It just, this is like the best of America. I have been to Provo as well,

1:14.1

and it is, it's tough to leave. It's tough to leave. I've got to say. And then I did a really fun

1:19.9

thing of drive from Provo to Aspen, which was a beautiful, I mean, I mean to tell you, Sarah, that is a drive to take. It's that part of the

1:32.4

country, you just don't want to leave it. Well, we've got lots of Supreme Court stuff to talk about.

1:37.6

I guess we should just go in order. Should we start with Watson, the ballot case? So this was argued on Monday of this week. The question is whether

1:49.4

federal Election Day statutes preempt Mississippi's law that allows ballots that are cast by Election Day to be received up to five days after

2:05.5

election day. David, I guess right off the bat, I found myself in the end thinking I didn't

2:12.8

care much about this case. So we have basically all nine justices agree that the text of the federal statute

2:21.2

doesn't really speak to this one way or the other. I'll read it in a little bit, but like basically

2:26.7

we don't really have text. And the Republican Party of Mississippi and the Solicitor General's

2:32.6

office of the United States argue that,

2:36.0

nevertheless, Congress preempted state law about this question and that Election Day must be

2:42.7

consummated, as Paul Clement, the word he used, consummated on the day of the election. So it's not just about casting your ballot on

2:53.2

election day, which everyone agrees you must do that by election day, but that the ballot must be

...

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