The Supreme Court issued a 5-4 decision regarding an executive order, with Justices Jackson, Kagan, Sotomayor, and Chief Justice Roberts dissenting.
Posted by Badlands Media, Checked
- Sources
- 4 contradict3 context
- Said
- 1 time·
- Confidence
- 90%
Badlands MediaSep 16, 2026
The claim departs from the passage only in its 5-4 framing: the speaker's count matches, but the record shows the August 24, 2026 Supreme Court order on Trump's mail-in voting executive order was 6-3, with only the three liberal justices (Sotomayor, Kagan, Jackson) dissenting. Chief Justice Roberts was in the majority, so the claim that Roberts dissented is contradicted.
What was said
… Yeah. Uhm, all nine justices agreed that they were taking no position on the merits of the executive order, and they were not validating the executive order. In fact, the majority, even in some ways, invited future lawsuits when it became ripe. Uhm, that was a five to four decision. The four dissenting justices who would have upheld This, the, uh, the injunction at that point were, uh, Justice Jackson, Justice Kagan, um, Justice Sotomayor, and interestingly, uh, Chief Justice Roberts. Uhm, it was then sent back, this is all in the week of, I should have looked at my calendar before this, but second to last week of August, uhm, Where, it was then sent, that was a Monday decision. …
Badlands Media · · from the transcriptPost →What we found
Contradicts. The Supreme Court's August 24, 2026 order in Trump v. California was an unsigned majority order, with Justice Sotomayor's dissent joined by Justice Kagan and a separate dissent by Justice Jackson, so Roberts did not dissent.[2]
Contradicts. NBC News reports the justices were divided 6-3 along ideological lines in lifting the injunction, not 5-4, with conservatives in the majority.[3]
Contradicts. AP reports that the court's three liberal-leaning justices publicly dissented, and CNN reports the order was handed down over the dissent of the three liberal justices, which excludes Roberts from the dissenters.[1][4]
Context. The sources show a 5-4 split in other cases (such as the June birthright citizenship and Watson v. RNC rulings), but in those Roberts was in the majority, so none supports Roberts as a dissenter.[5][6][7]
Sources
7 sources: 1 fact-checker, 1 primary, 2 tier 2, 3 not rated
- 1Supreme Court lets Trump administration use revamped federal voter eligibility database for nowapnews.com · fact-checker · cited for: contradicts
- 226A124 Trump v. California (08/24/2026)supremecourt.gov · primary source · cited for: contradicts
- 3Supreme Court hands preliminary win to Trump on mail-in ...nbcnews.com · tier 2 · cited for: contradicts
- 4Supreme Court backs Trump’s order to curb mail ballots | CNN Politicscnn.com · tier 2 · cited for: contradicts
- 5What Supreme Court Justices have said about mail-in votingnewsweek.com · not rated · cited for: context
- 6Supreme Court Issues Bombshell Birthright Citizenship Rulingmediaite.com · not rated · cited for: context
- 7Community, Elected Officials Celebrate Supreme Court Ruling Upholding Birthright Citizenship - MyNewsLA.commynewsla.com · not rated · cited for: context
Where this claim was made
Said in 1 published post
Related claims
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