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The constitutional question regarding the mail-in ballot rule was argued in conference nearly seven months ago.

Posted by Strict Scrutiny, Checked

Polygraph verdictCan’t tell
Sources
7 context
Said
1 time·
Confidence
40%
Strict ScrutinySep 15, 2026
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The sources do not report when the justices discussed the mail-in ballot question in conference, and the claim's 'constitutional question' is not clearly tied to a specific case. The Watson v.

What was said

… Justice Alito also suggested that that was Justice Jackson's fault because she had dissented from the order, and Justice Alito responded that the, quote, "constitutional question was argued in conference nearly seven months ago," and that kind of language obviously set off all of these right wing takes about how Justice Jackson and the Democratic appointees, but mostly Justice Jackson, are to blame for the court unleashing chaos in the upcoming midterm election. …
Strict Scrutiny · · from the transcriptPost →

What we found

Context. Sources document oral argument in Watson v. RNC on March 23, 2026, and a ruling in June 2026, but none mention a conference date.[4][5][6][7]

Context. The Alito quote in the post is not addressed by any source, so it is unclear which case the 'constitutional question' refers to; Watson is described as a statutory question about federal Election Day laws.[2][3]

Context. Measured from the September 15 posting date, the March 23 argument was roughly 5.8 months earlier, which is a looser fit to 'nearly seven months' than the claim suggests.[1][4]

Sources

7 sources: 1 fact-checker, 2 primary, 2 tier 2, 2 not rated

  1. 1Trump slams Supreme Court for rejecting his push to ...apnews.com · fact-checker · cited for: context
  2. 2Supreme Court of the United Statessupremecourt.gov · primary source · cited for: context
  3. 3Election Law and the Supreme Court in 2026: Pending Cases on ...congress.gov · primary source · cited for: context
  4. 4Highlights: Justices Appear Poised to Reject Mississippi Law on Late-Arriving Ballotsnytimes.com · tier 2 · cited for: context
  5. 5Supreme Court appears skeptical of counting mail-in ...cnn.com · tier 2 · cited for: context
  6. 6Supreme Court hears arguments in mail-in ballot casektbs.com · not rated · cited for: context
  7. 7Supreme Court weighs RNC bid to disqualify late-arriving ...abcnews.com · not rated · cited for: context

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