SCOTUS Oral Arguments · March 23 · 2 hr 8 min

Watson v. RNC

Watson v. RNC, No. 24-1260 Argued on Mar 23 2026. 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.) 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. Oral Argument Links: SCOTUS Oral Argument Page Transcript PDF Docket Links: SCOTUS Docket Page Question Presented Petition for a Writ of Certiorari (White Br.) Brief in Opposition (Orange Br.) Reply Brief in Support of Petition (Tan Br.) Petitioner's Brief on the Merits (Blue Br.) Merits Stage Brief of the United States (Green Br.) Respondent's Brief on the Merits (Red Br.) Petitioner's Reply Brief on the Merits (Yellow Br.) Chapters: (00:00:00) Case Call (00:00:07) ORAL ARGUMENT OF SCOTT G. STEWART (00:55:51) ORAL ARGUMENT OF PAUL D. CLEMENT (01:51:01) ORAL ARGUMENT OF GEN. D. JOHN SAUER (02:04:16) REBUTTAL ARGUMENT OF SCOTT G. STEWART Disclosure, Disclaimer, and Credits: Independent feed. NOT affiliated with the Supreme Court of the United States or any other entity. Audio files from and links to the Supreme Court of the United States' website. Image credit to Ian Hutchinson, https://unsplash.com/photos/U8WfiRpsQ7Y

0:00-2:08:08

Play in

transcript

No transcript — this publisher did not publish one.

show notes

Watson v. RNC, No. 24-1260

Argued on Mar 23 2026.

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.)

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.

Oral Argument Links: