On Election Night 2020, Donald Trump went to bed winning Pennsylvania by hundreds of thousands of votes.
Now the Supreme Court is done pretending it can't see what happened next.
And what Gregg Jarrett said may be the last thing the Democrat Party wants to hear before November.
Gregg Jarrett Counts the Votes in Watson v RNC – and the News Is Good
Fox News legal analyst Gregg Jarrett appeared on The Evening Edit and delivered a blunt assessment of where the Supreme Court stands after oral arguments in Watson v. Republican National Committee – the case determining whether states can count mail-in ballots received days after Election Day.
"I would count a majority as skeptical here that these late arriving ballots can be counted," Jarrett told Elizabeth MacDonald.
Then he explained exactly why.
"Why should important elections be held hostage to our crummy postal system delays that stretch for days or even weeks? Because that's contrary to federal law that sets election day on a fixed date."
That's not spin.
That's a Fox News legal analyst describing what six conservative justices spent two hours signaling from the bench.
Jarrett flagged what Justice Brett Kavanaugh made clear from the bench – that charges of election rigging explode whenever the apparent winner the morning after Election Day ends up losing once late ballots are counted.
Justice Samuel Alito backed him up, warning that delayed results undermine confidence in electoral integrity.
The Ballot Harvesting Scheme Jarrett Said Congress Refuses to Fix
Jarrett didn't stop at the mail-in ballot question.
He told MacDonald the oral arguments drifted into something bigger – ballot harvesting, drop boxes, and what he called "all these other schemes that are ripe for illegal acts and fraud."
"The court is aware, Liz, that people have lost faith in the system," Jarrett said. "It needs fixing, and Congress refuses to fix it."
Congress – controlled for years by Socialist Democrats who built their majority on these exact schemes – refused to close the loopholes.
So the Supreme Court is doing it for them.
Mississippi's law allows mail-in ballots to be counted up to five days after Election Day, as long as they're postmarked by Election Day. The RNC sued in 2024 arguing that federal law – which fixes a single Election Day – makes every one of those post-deadline ballots illegal.
Justice Neil Gorsuch wasn't buying Mississippi's defense.
He raised the possibility of voters recalling ballots in the final days of a campaign and pressed Mississippi's lawyer on enforcement – how would election officials or even a mail carrier know which envelopes contained ballots being pulled back, and who would they prosecute?
Mississippi's lawyer had no answer.
What a Watson v RNC Ruling Means for the 2026 Midterm Elections
Fourteen states and the District of Columbia have the same post-deadline counting laws Mississippi is defending.
Every one of them gets wiped out if the RNC wins.
California accepts mail-in ballots up to seven days after Election Day and takes up to 38 days to certify final results – meaning the state's congressional races routinely stay unresolved well into December.
A ruling is expected by late June – months before the November midterms, with plenty of time for states to comply before a single ballot is mailed.
Jarrett also flagged what Kavanaugh made plain during arguments – hard Election Day deadlines don't bar early voting, they simply require a fixed endpoint.
"It would simply have to be done pursuant to a hard deadline election day," Jarrett explained.
That's the ruling Democrats are terrified of.
Not because it disenfranchises anyone – Kavanaugh said flatly it doesn't – but because it ends the window where trailing Democrat candidates watch mystery ballots materialize for days until the lead flips.
When the decision lands in June, the Democrat ballot operation that has been running on COVID emergency rules for six years runs straight into a Supreme Court that just spent two hours explaining why it's illegal.
Sources:
- Mariane Angela, "Gregg Jarrett Predicts Why Supreme Court Justices Won't Justify Mail-In Ballots After Election Day," Daily Caller, March 23, 2026.
- Fox News Staff, "Supreme Court Hears High-Stakes Mail-In Ballot Case Months Before Election Day," Fox News, March 23, 2026.
- CBS News Staff, "Supreme Court Wrestles with Major Elections Dispute Over Mail Ballot Deadlines," CBS News, March 23, 2026.
